1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The plaintiff's purport of the claim in this court.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A vehicles (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to B buses (hereinafter “Defendant bus”).

B. On June 2, 2016, around 18:55, the driver of the Plaintiff’s vehicle driven along the two-lanes of the second line road near Jung-si, the government-si, in order to turn to the right side of the two-way road. In consideration of the turning-way radius, the driver of the Plaintiff’s bus used the two-lanes of the said road, making a right-hand turn to the right side of the two-lanes. On the wind following the Plaintiff’s vehicle, the driver of the Defendant bus, who followed the said two-lanes of the said road, was found late to find the said movement of the Plaintiff’s vehicle, and was injured by the Defendant bus’s passenger D (hereinafter “instant accident”).

C. The Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 23,284,350,00 in total to the victim D of the instant accident from July 28, 2016 to January 23, 2017.

(A) From July 28, 2016 to November 28, 2016, the Plaintiff first paid KRW 22,432,580 in total insurance money, and additionally paid KRW 851,770 in total, from November 29, 2016 to January 23, 2017). [Grounds for recognition] The Plaintiff did not dispute any of the facts that there is no dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, and the purport of the overall pleadings and arguments.

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion that the instant accident occurred between the negligence of the Plaintiff’s driver and the negligence of the Defendant bus driver. In light of the background of the instant accident, it is reasonable to view that the negligence ratio of the Plaintiff’s driver and the Defendant bus driver regarding the instant accident is 40%:60%.

However, the Plaintiff, the insurer of the Plaintiff’s vehicle, was exempted from liability for damages of Defendant bus drivers by paying insurance money to the victim as above.