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. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the B Carren vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into the automobile insurance contract with respect to Csi vehicles (hereinafter “Defendant vehicle”).

B. On May 21, 2016, at around 14:55, when driving the Plaintiff’s vehicle, the Plaintiff’s spouse D was at the three-distance intersection where no signal lights are available near Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and the previous cargo vehicle was at the right side on the back side, there was an accident where the part of the right side of the Defendant’s vehicle, which was left right side from the direction of the Plaintiff’s driving, was shocked into the front part of the left side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. At the time, the Defendant’s vehicle was proceeding along the three-lanes of the three-lane road. However, after considering the completion of a bypass, the Defendant’s vehicle continued to enter the intersection, even though it was aware that the Plaintiff’s vehicle was proceeding following the said cargo vehicle.

The passenger F of the Defendant Vehicle suffered a total of three occasions of pain treatment due to the instant accident, resulting in an injury to the cryp of a shoulder, shoulder, and tension, and the Plaintiff paid KRW 424,590 in total with F’s medical expenses and agreed amount between June 3, 2016 and August 31, 2016.

[Ground of recognition] The descriptions of Gap evidence Nos. 1 through 3, 5, Eul evidence Nos. 3, 5, and 6 (including branch numbers), video, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserted by the parties, even though the driver of the defendant vehicle knew that the vehicle was bypassing, the accident of this case occurred as it was without driving the vehicle, such as temporary stop or slowly driving, and it is reasonable to view that the responsibility of the driver of the defendant vehicle is 30%. Thus, the defendant is equivalent to 127,377 won (=424,590 won x 30%) out of the insurance money paid by the plaintiff to the plaintiff and this.