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 insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who has entered into an automobile mutual aid contract with respect to B necked vehicle (hereinafter “Defendant vehicle”).

B. On May 21, 2015, at around 15:40, the Plaintiff’s vehicle driven along the three-lanes of the four-lane road located in Jung-gu Incheon Metropolitan City, Jung-gu, the Defendant’s vehicle, who had been engaged in the work of removing the height of street trees at the end of the end of the end of the road, was early found to have been tryed to start strhly over three and four-lanes in order to move to the place, and rapidly changed course to avoid collision with the Defendant’s vehicle. On the two-lanes, the Sachti vehicle drivening along the two-lanes, while driving along the two-lanes, caused an accident (hereinafter “instant accident”).

C. By July 24, 2015, the Plaintiff paid the total amount of KRW 4,094,160 for insurance proceeds under the pretext of mutual agreement and medical treatment for the victims.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 4, Eul evidence 1, Eul evidence 4-1 and Eul evidence 4-2, the purport of the whole pleadings

2. According to the above facts of determination, the accident in this case occurred due to the negligence of neglecting the duty to stop on the front left of the Plaintiff vehicle and neglecting the duty to safely drive the vehicle in front and rear left after stopping so as not to obstruct the traffic of other vehicles. In light of the circumstance of the accident in this case, road structure and traffic situation, time of occurrence of the accident, circumstance before and after the accident, etc., it is reasonable to view that the fault ratio of both vehicles is equal.

Therefore, the defendant's payment of KRW 2,044,580, out of the insurance money paid by the plaintiff to the plaintiff, and the defendant's payment of KRW 50% from July 25, 2015, the following day after the final payment date, is the existence and existence of the obligation.