The defendant's appeal is dismissed.

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

Purport of claim and appeal

1. Purport of the claim.

1. Basic facts

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

B. On June 24, 2019, at around 10:30, an accident that conflicts with the Defendant’s vehicle, which was located in the two-lanes while the Plaintiff’s vehicle driving along the five-lanes in the two-lanes. (hereinafter “instant accident”) occurred while driving along the five-lanes in the two-lanes.

C. On July 11, 2019, the Plaintiff paid the remainder of KRW 666,440,000, excluding KRW 200,000,000, out of the total amount of the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, Eul evidence Nos. 1, 2, 3 and 4 (including virtual numbers) and the purport of the whole pleadings

2. The evidence as seen earlier, in light of the circumstances such as the background of the instant accident, degree of shock and shock, road condition at the time of the instant accident, etc., it is reasonable to view that the driver’s fault ratio of the Plaintiff’s vehicle and Defendant’s vehicle in the instant accident is 65%: 35%.

(Unless the negligence of the driver of the Plaintiff’s vehicle appears to be greater, but the negligence of the driver of the Defendant’s vehicle, who had shown or could have shown the change of the course of the Plaintiff’s vehicle before a considerable distance, shall not be deemed to be less than that of the driver of the Plaintiff’s vehicle. Therefore, the Defendant shall be entitled to special cases concerning the promotion of litigation, etc. of the Plaintiff’s claim against the Plaintiff, including KRW 103,254 [Article 103,254 [Article 66,40 [Article 66,440 [Article 66,40 per 20,000] x 35% of the amount of the indemnity x 200,00 won] x from July 12, 2019, which is deemed reasonable for the Defendant to resist the existence or scope of the obligation to perform, from July 112, 2019 to December 11, 2019, which is next day.