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.

1. The circumstances leading to the instant accident are as follows.

At the time of the accident, on January 23, 2017 at the time of the insured vehicle A, the insured vehicle A, at the location of 15:10 on January 23, 2017 at the time of the accident, was stopped by changing the vehicle into one lane while the insured vehicle under the condition of the road collision in Daegu-dong-dong-dong-gu, Daegu (hereinafter referred to as “Defendant vehicle”) was proceeding into two lanes on the road below high-priced road. The insured vehicle of the Plaintiff (hereinafter referred to as “Plaintiff vehicle”) which was proceeding thereafter, was paid for the shock insurance amount to 1,564,00,00, the insured vehicle’s own share of the insured person’s own loss (based on recognition) at the 391,00 [based on recognition], there is no dispute over the matters set forth in subparagraphs A through 9, Eul evidence Nos. 1, 2, Eul evidence No. 3-1,

2. On the premise that the negligence of the Plaintiff’s vehicle and the Defendant’s driver on the instant accident is 4:6, the Plaintiff asserts that the Defendant, the insurer of the insurance contract on the Defendant’s vehicle, is liable to pay the amount stated in the purport of the claim corresponding to the percentage of the Defendant’s driver’s fault

However, the Plaintiff’s insurance proceeds of this case are paid on the basis of the self-vehicle damage security, and the self-vehicle damage security has the nature of consideration for insurance premiums paid by the insurer up to the time of the occurrence of the insurance accident by the policyholder to prepare for the occurrence of the insurance accident. It is separate from the liability to compensate for damages borne by the Defendant vehicle, and the Plaintiff has the right to compensate for the part of the amount corresponding

Therefore, in this case, the insured of the insurance contract for the plaintiff vehicle can claim a third party who is liable for damages that remains without being compensated for the insurance money received from the plaintiff, who is the insurer, such as the driver or insurer of the defendant vehicle, to fulfill the liability for compensation (liability within the scope limited by negligence offsetting, etc. among the total amount of damages).