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. The Plaintiff is an insurer who entered into an automobile insurance contract with the Plaintiff Company A (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an automobile insurance contract with respect to the Defendant Company B (hereinafter “Defendant Vehicle”).

B. On October 31, 2016, around 08:41, the Plaintiff’s vehicle was proceeding one-lane of the two lanes near the intersection in front of the first East East-gu, Busan Metropolitan Government (hereinafter “instant road”).

C. Meanwhile, while the Defendant is proceeding with the first line road linked to the instant road, the intersection connected to the instant road entered the right side from the left side of the Plaintiff’s vehicle standard to the right side, and the Defendant’s right side part of the Plaintiff’s vehicle shocked the left side of the Plaintiff’s vehicle (hereinafter “instant accident”).

On November 22, 2016, the Plaintiff paid KRW 3,375,300 at the repair cost of the Plaintiff’s vehicle.

E. Meanwhile, the Plaintiff and the Defendant filed a petition for deliberation with the committee for deliberation on the dispute over the rate of negligence related to the instant accident. The said committee decided that the Plaintiff’s vehicle’s fault was 30%, and that the Defendant’s fault was 70%.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 2 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Plaintiff’s vehicle was normally carried out according to the direct driving signal of the instant road. However, the Defendant’s vehicle is likely to cause the instant accident by disregarding and proceeding despite the fact that the person who sent the water on the frontway controls the crossing of the vehicle. Therefore, the instant accident was entirely caused by the negligence of the Defendant’s vehicle, and the Defendant is obliged to pay the insurance money paid by the Plaintiff pursuant to Article 682 of the Commercial Act and the damages for delay thereof. (2) The location of the instant accident is a private intersection with a signal only in one direction, and the Defendant’s vehicle is a road depending on the vehicle traffic situation.