1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Facts of recognition

The Plaintiff is an insurer who has concluded an automobile comprehensive insurance with respect to Nonparty C and D (hereinafter referred to as “Plaintiff”) from December 16, 2018 to December 16, 2019.

The defendant is a driver of a horse (hereinafter referred to as "defendant flag").

Plaintiff

On April 13, 2019, the driver of the vehicle stops on the road, while driving a road that is located on the road, e.g., e., jun-gun, Busan Metropolitan City captain-gun on April 13, 2019.

(hereinafter “instant accident”). The instant accident caused the Plaintiff’s body near the right wheel of the Plaintiff’s vehicle due to its damage, and the Plaintiff paid KRW 7,461,00 on April 22, 2019.

【In the absence of dispute, the Plaintiff’s assertion of the respective descriptions of Gap’s Nos. 1, 2, 3, and 4, and the purport of the entire pleadings, conflict with the Plaintiff’s vehicle, which had entered a road outside of the road and had been on normal driving, and thus, the instant accident is entirely attributable to the negligence of the defendant’s horse.

On the other hand, the defendant started a road after the driver of the plaintiff's vehicle. The driver of the plaintiff's vehicle neglected the duty of the front-time driver and proceeded with the front-time driver without reducing the speed.

Judgment

Considering the following circumstances, which are acknowledged in addition to the purport of the entire arguments as seen earlier, the following circumstances and the circumstances surrounding and following the instant accident, the damaged parts and form of the Plaintiff’s vehicle and Defendant’s horse transport aircraft, and the degree of damage, it is reasonable to view the instant accident to be the rate of negligence between the Plaintiff’s driver and the Defendant’s negligence, and the Plaintiff’s driver and the Defendant’s fault ratio is 60:40.

Plaintiff

When the vehicle is running along the site of the accident, the Defendant Hack was under a stop outside the road, but it is difficult to see the place where the Defendant Hack was under a parking.