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 an automobile comprehensive insurance contract with respect to C vehicles (hereinafter “Plaintiffs”). The Defendant is a mutual aid business entity who entered into an automobile mutual aid contract with respect to D vehicles (hereinafter “Defendant vehicles”).

B. On November 5, 2019, around 15:14, 2019, the Defendant’s vehicle driven the three-lane road in front of the intersection in the south of Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Seoul via three-lanes in front of the intersection from the boundary of the south area to the boundary of the south area. The collision with the two-wheeled vehicle, which tried to change the two-lane from behind the Plaintiff’s vehicle standing on the two-lane to the three-lanes for signal waiting, and accordingly, the two-wheeled vehicle conflicts with the right side of the Plaintiff’s vehicle.

(hereinafter referred to as the “instant accident”). E and F, aboard the Plaintiff’s vehicle, suffered injuries, and the Plaintiff’s vehicle was destroyed due to the instant accident.

C. By January 6, 2020, the Plaintiff paid KRW 5,565,620 as insurance proceeds in total, including KRW 3,680,00 for the repair cost of the Plaintiff’s vehicle due to the instant accident, KRW 1,042,360 for the treatment cost and agreed amount, KRW 843,260 for the F’s treatment cost and agreed amount.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Judgment on the plaintiff's right to indemnity

A. The following circumstances revealed by comprehensively taking account of the negligence of the Defendant’s vehicle and the overall purport of the arguments and evidence revealed prior to the recognition of the liability for damages, namely, the Defendant’s vehicle, while driving a three-lane vehicle, which is the place where the accident occurred, with a part of the two-lane vehicle parked on the front side, while temporarily stopping the three-lane vehicle from the second to the third-lane vehicle, and taking into account the progress of the three-lane vehicle. The point where the Defendant’s vehicle and the two-lane vehicle conflict with the two-lane vehicle, was the two-lane vehicle which temporarily stopped the two-lane vehicle, and the situation of the accident, collision, and degree of damage, etc.