1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract for the Plaintiff’s vehicle with C, the owner of Bsch Rexton car (hereinafter referred to as the “Plaintiff’s vehicle”), setting the insurance period from July 7, 2013 to July 7, 2014.

C’s sonD caused the collision between the front right side part of the E License (hereinafter “Defendant”) driven by the Defendant on November 15, 2013 and the front part of the Plaintiff’s vehicle (hereinafter “the instant traffic accident”) on the side road without a mark of vehicle classification in the vicinity of 3rd Ri 431, Seocho-gu, Seocho-si, Gwangju, when driving the Plaintiff vehicle on the side road without a signal apparatus.

On November 25, 2013, the Defendant was diagnosed of light opathic damage and the left-hand slick base requiring two weeks' treatment at the G hospital of the Hanam-si, the Defendant received from that hospital by no later than January 22, 2014.

From February 14, 2014 to March 12, 2014, the Plaintiff paid KRW 344,200 insurance money to G Hospital in three times as the Defendant’s medical expenses.

[Reasons for Recognition] A, evidence Nos. 1 and 5, evidence Nos. 10-5, 6, 9, 21, 23, and 10-5, 6, 9, 21, 23, and 1 of the evidence No. 10, the plaintiff's assertion of the purport of the entire pleadings, and the plaintiff's assertion as to the plaintiff's argument. The traffic accident in this case conflicts between the plaintiff's vehicle and the defendant's vehicle who is going to the left at the intersection where no signal apparatus is installed. In such a case, the defendant's vehicle should yield the course to

② In addition, according to the results of the appraisal by the National Institute of Scientific Investigation, the instant traffic accident is a minor contact incident that the Defendant could not inflict any injury. Therefore, there is no causal relationship between the injury the Defendant received from G Hospital and the instant traffic accident.

Therefore, since the plaintiff did not have the duty to pay the insurance money, the defendant is obligated to return the amount of the insurance money to the plaintiff.