The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).

B. Around 06:40 on June 11, 2019, while the Plaintiff’s vehicle was straighted in a yellow-off signal at the Sam-distance Intersection located in the Gangseo-gu Seoul Metropolitan City Doro 2-dong, the front part of the Defendant’s vehicle’s right side, the left part of the two-lane road on the left side of the Plaintiff’s vehicle, and the left side and fences of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). C.

On July 11, 2019, the Plaintiff paid KRW 4,233,00,00 as insurance money after deducting KRW 200,000 of the self-paid cost for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entries or images of Gap evidence 1 to 8, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident occurred due to shocking the Plaintiff’s vehicle, which was ordinarily straight by Defendant’s vehicle while making a left-hand turn, and thus, it should be deemed that the Plaintiff’s accident occurred due to the total negligence of Defendant’s vehicle.

Therefore, the defendant is obligated to pay to the plaintiff 4,233,00 won and damages for delay, which are the full amount of the insurance money paid by the plaintiff with the indemnity.

B. At the time of the instant accident, the Plaintiff’s vehicle entered the intersection without a temporary stop, which caused the instant accident at the wind to detect the Defendant’s vehicle, which first entered the intersection, late later. Therefore, the instant accident ought to be deemed to have occurred due to the total negligence of the Plaintiff’s vehicle.

3. Determination

가. 과실비율 앞서 인정한 사실에다가 앞서 든 증거 및 변론 전체의 취지를 더하여 인정할 수 있는 다음과 같은 사정들, 즉 ① 이 사건 교차로는 ‘ㅓ’형 삼거리 교차로로 도로의...