1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is the driver of DOtoba (hereinafter “Defendant”).

B. On February 7, 2015, at around 19:09, the Plaintiff’s Intervenor driven the Plaintiff’s vehicle and driven the two lanes in front of the F station located in Gangnam-gu Seoul, Gangnam-gu, and attempted to make a round to the right alley, the Defendant was shocked by using the right edge of the Plaintiff’s vehicle while driving the Plaintiff’s vehicle in the same two-lane.

(hereinafter referred to as “instant accident”). C.

By March 2, 2015, the Plaintiff paid KRW 3,132,500 as insurance money, which is equivalent to 70% of the total of the repair cost and market price decline damage of Defendant vehicle, and the loan cost of KRW 4,475,00.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 4, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant's negligence in the occurrence of the accident of this case reaches 80%, but the defendant calculated the defendant's negligence as 30% and paid the insurance money. Thus, the defendant is obligated to return the amount equivalent to 50% of the insurance money paid by the plaintiff to the plaintiff, and the defendant, immediately after the accident of this case, agreed that the defendant will not claim the medical expenses of the defendant and his heir, and that the plaintiff's assistant intervenor's negligence should be 70% only for the repair expenses of the defendant's vehicle, so that the plaintiff'

B. In light of the following circumstances acknowledged by the aforementioned evidence, the Plaintiff prepared a damage evaluation table by setting the Defendant’s fault at 30% after receiving a written estimate for repair of the Defendant’s vehicle in relation to the instant accident, the Plaintiff paid most of the insurance proceeds on February 27, 2015, 200 days after the instant accident, and took charge of the Plaintiff’s compensation affairs.