1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with CBE vehicles (hereinafter “Plaintiff-motor vehicle”). The Defendant is a mutual aid business entity who has entered into a mutual aid agreement with DM truck (hereinafter “Defendant-motor vehicle”).

B. On April 19, 2018, the driver of the Plaintiff’s vehicle driven the second line road among the fourth line roads near the F in the Suwon-si waterway E around 15:20 on April 19, 2018.

The Defendant’s vehicle, which was traveling along with the Plaintiff’s vehicle on the three-lanes of the above road, was driven by the eroding line of the Plaintiff’s vehicle, and the Defendant’s vehicle was faced with the right-hand fences, etc. of the Plaintiff’s vehicle on the left side of the Defendant’s vehicle (hereinafter “instant accident”).

C. On July 24, 2018, the Plaintiff paid KRW 9,700,000, excluding the KRW 500,000,000, at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6 (including branch numbers for those with additional numbers), Eul evidence No. 1, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant’s driver who gets involved in the Plaintiff’s vehicle driving, and thus, the Defendant, the insurer of the Defendant’s vehicle, is obliged to pay the Plaintiff the repair cost of the Plaintiff’s vehicle KRW 9,700,000 and damages for delay thereof, pursuant to Article 682(1) of the Commercial Act.

B. The Defendant’s assertion that the instant accident occurred due to the negligence of the Plaintiff’s driver on the part of the Defendant’s vehicle driving in an unreasonable vicinity to the Defendant’s vehicle driving at the third lane of the instant road.

Therefore, in the occurrence of the instant accident, the Plaintiff’s fault should be deemed 30% of the Plaintiff’s driver’s fault, and thus, the Plaintiff’s claim for reimbursement exceeding the above fault ratio cannot be complied with.

3. The drivers of motor vehicles and riders of horses are marked off.