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

B. On July 24, 2016, around 15:32, 2016, the Plaintiff’s vehicle driven the two-lanes of the three-lanes in the front of the D in Kim Jong-si Kim Jong-si, and thereafter, the Defendant’s driver followed the Defendant’s vehicle with the intention to stop the Plaintiff’s vehicle to talk about the Plaintiff’s vehicle’s obligation and obligation with the Plaintiff’s driver.

Accordingly, in order to avoid this, the Plaintiff’s vehicle changed the lane to the three-lanes of the above road, and the front gate part of the E vehicle in front of the driver’s seat of the E vehicle in front of the third lane (hereinafter “victim”) was shocked with the part on which the Plaintiff was loaded.

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

By January 2, 2017, the Plaintiff paid the Plaintiff’s repair cost of KRW 834,380, KRW 5,461,160, KRW 3,703,160, and KRW 4,936,970, including the medical expenses of the driver of the damaged vehicle, and KRW 14,935,670, including the medical expenses of the driver of the damaged vehicle G.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 3, evidence 7 through 9, evidence 11, evidence 12, Eul evidence 2-1, Eul evidence 2-2, Gap evidence 4 through 6, evidence 10-1 through 6, evidence 13-1 through 6, the purport of whole pleadings, and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred between the negligence of the Plaintiff’s driver and the negligence of the Defendant’s driver. Since the negligence ratio is 10:90, the Defendant is obligated to pay the Plaintiff the amount of KRW 13,442,100, which is the amount equivalent to 90% of the Defendant’s fault ratio, out of the insurance money paid by the Plaintiff (=14,935,670 won x 90%, and less than 10 won) as the reimbursement amount.

B. The Defendant’s assertion 1 of the instant accident occurred due to the Plaintiff’s total negligence.