1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Facts of recognition;

A. The Plaintiff is a mutual aid business operator who entered into a motor vehicle mutual aid agreement with respect to Asi (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive motor vehicle mutual aid agreement with respect to B (hereinafter “Defendant”).

B. At around 22:30 on April 9, 2015, C driven the Plaintiff’s vehicle and proceeded along the three-lane of the three-lane road that entered the Olympic distance from the new history distance in Gangnam-gu Seoul, Seoul to the Olympic Games, and slowly changed the two-lane to the two-lane, C compared the front left side of the Defendant’s vehicle running along the two-lane and the one-lane from the front side of the said road to the right side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

On May 4, 2015, the Plaintiff paid the mutual aid amount of KRW 668,00 as the repair cost for Plaintiff’s vehicle due to the instant accident.

[Basis] Evidence Nos. 1 through 7, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that the defendant's vehicle changed from the two lanes to the one lane, and caused the plaintiff's vehicle driven normally depending on the one lane. Thus, the accident in this case occurred due to the negligence of the defendant vehicle. Thus, the defendant is obliged to pay the plaintiff the full amount of 68,000 won of the mutual aid fund and the compensation for delay.

In regard to this, the defendant asserts that the portion equivalent to 60% of the above fault ratio in the claim for reimbursement against the mutual aid money is unfair, since the plaintiff's vehicle overtakes the defendant's vehicle while changing the two lanes from the first lane to the second lane. Thus, the above fault ratio of the plaintiff's vehicle is at least 60%.

B. According to the judgment, the aforementioned evidence and the purport of the entire pleadings, the instant accident is Plaintiff 1 on the access road to the Olympic Games as the traffic situation was congested.