1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with Nonparty A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with Nonparty C with respect to Nonparty D (hereinafter “Defendant”).

B. On October 20, 2014, E: (a) around 15:40 on October 20, 2014, while the house near the Dong-dong, Suwon-gu, Suwon-si, U.S. (hereinafter “instant shooting distance”) was in the office of the Plaintiff’s vehicle, E shocked the front part of the Defendant’s seat on the front part of the Plaintiff’s vehicle, which passed the said shooting distance on the left side of the road (hereinafter “instant accident”); and (b) the Defendant vehicle shocked the F vehicle parked on the road while pushing ahead with the said shock.

C. On December 5, 2014, the Plaintiff paid total of KRW 791,532 to Nonparty G companies and HAA companies, a repair business entity, with the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 11 (including each number; hereinafter the same shall apply), Eul evidence 1, Gap evidence 8, 9, 10, Eul evidence 3, 4, and 5, each video and the purport of the whole pleadings

2. Although the width of the road in which the Plaintiff’s vehicle was straight from among the roads of the instant driving distance is wider than the width of the road in which the Defendant’s vehicle was straight, the Defendant’s vehicle entered the instant driving distance at a late time, and the instant accident occurred without examining the left and right sides, and thus, the Defendant is obliged to pay the repair cost of the Plaintiff’s vehicle as the insurer of the Defendant’s vehicle.

However, the Plaintiff exempted the Defendant by paying KRW 791,532 as the repair cost of the Plaintiff’s vehicle, so the Defendant is obligated to pay the Plaintiff the above KRW 791,532 as the reimbursement pursuant to Article 682 of the Commercial Act.

3. Determination

A. According to each of the evidence, prior to the occurrence of the liability for damages, E and C, the driver of the Plaintiff and the Defendant vehicle, respectively, are the instant case.