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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the Plaintiff A (hereinafter referred to as the “Plaintiff”), and the Defendant is a mutual aid operator who has entered into a comprehensive automobile mutual aid contract with respect to B-si (hereinafter referred to as the “Defendant”).
B. On December 11, 2013, around 19:10 on December 19, 2013, the Plaintiff’s vehicle changed the lane from five lanes to four lanes in the direction of the Hanwon-dong, Gangnam-gu, Seoul, along the main road of the Hanwon-gu, the main road of which was operated along the four lanes in the direction of the Hanwon-dong, Gangnam-gu, Seoul, and caused an accident where the Plaintiff’s vehicle collision with the Defendant’s vehicle in the front bank and collision with the Defendant’s vehicle in the front bank (hereinafter referred to as “victimd vehicle”).
(hereinafter referred to as the “instant accident”). C.
By May 2, 2014, the Plaintiff paid the insurance proceeds of KRW 26,179,070 in total with the cost of repair of the damaged vehicle and the damaged vehicle and the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, entry of Gap evidence 5 through 7 (including a provisional number), the purport of the whole pleadings
2. On the other hand, the Plaintiff asserted that the instant accident occurred due to the change of the lane in the front line section where the Defendant was placed in front of the crosswalk and the change of the lane was prohibited, and that the negligence of the Defendant’s driver was 70% due to the change of signal, and thus, the Defendant is obligated to pay the Plaintiff the amount of KRW 18,325,349 (==26,179,070 x 0.7) according to the fault ratio of the Defendant’s driver out of the insurance money paid to the Plaintiff. Accordingly, the Defendant, at the time of the completion of the change of lane, stopped in accordance with the front line signal, and the instant accident occurred due to the collision of the Defendant’s vehicle due to the negligence of the Plaintiff’s driver, and thus, the instant accident is due to the previous negligence of the Plaintiff’s driver, thus the Plaintiff’s claim for reimbursement.