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. With respect to A vehicle (hereinafter “Plaintiff”), the Defendant is the insurer who concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On April 8, 2016, around 22:29, the Plaintiff’s vehicle tried to change the course to the right side of the C vehicle driven in the same direction (hereinafter “victim”) while driving ahead of the five-lane road near the children’s traffic park located in the Gwangju Mine-gu (hereinafter “instant road”). The Plaintiff’s vehicle stopped in order to avoid collision with the Defendant’s vehicle by driving the damaged vehicle from the four lanes to three lanes in the instant road to the front side of the damaged vehicle. Accordingly, the Plaintiff’s vehicle collision with the left side side of the damaged vehicle, resulting in the Plaintiff’s accident that caused the injured vehicle’s injury (hereinafter “instant accident”).

C. By May 27, 2016, the Plaintiff paid KRW 2,980,650 (= KRW 1,300,000, KRW 690,000) to the passengers of the damaged vehicle as insurance proceeds (= KRW 1,30,000).

On the other hand, on February 24, 2017, the Plaintiff filed a lawsuit with the Seoul Central District Court 2017Gaso68436 in order to claim the Defendant for reimbursement of the insurance money paid by the Plaintiff as automobile repair cost due to the instant accident. On April 18, 2017, the said court rendered a compulsory adjustment decision to the effect that “the Defendant would pay the Plaintiff KRW 600,999 and delay damages.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 3 (including each number of evidence) and the purport of the whole pleadings

2. The parties' assertion

A. As to the occurrence of the instant accident by the Plaintiff, the fault ratio of the Defendant vehicle is 70%.