1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with A and B automobiles (hereinafter “Plaintiff”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with C and D automobiles (hereinafter “Defendant”).

B. C, around 21:20 on May 14, 2015, when driving the Defendant’s vehicle and making a left-hand turn at a non-protective distance in the intersection zone where the F three-distance left-hand turn is allowed in the Gyeongbuk-gun E, the vehicle was faced with the Plaintiff’s vehicle, who was in a straight-hand position, in accordance with the straight-on signals in the right-hand turn.

(Attachment No. 2) An accident site map, Gap evidence No. 13 Track video, hereinafter referred to as "the instant traffic accident").

In relation to the instant traffic accident, the committee for deliberation on the dispute over the automobile accident compensation in question decided 25% of the negligence of the Plaintiff’s vehicle and 75% of the negligence of the Defendant’s vehicle respectively. Accordingly, the Plaintiff paid 86,676,630 won to the Defendant as the compensation amount.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7 through 11, 13, Eul evidence Nos. 1 and 2 (including branch numbers) and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The Plaintiff’s argument that the instant traffic accident occurred after the Plaintiff’s vehicle entered the intersection, and the Defendant’s vehicle was making a left-hand turn at the left-hand turn, and the Plaintiff’s vehicle could not avoid the instant traffic accident.

Therefore, even though there was no negligence on the part of the Plaintiff with respect to the instant traffic accident, the Defendant received KRW 86,676,630 from the Plaintiff according to the decision of the committee for deliberation on the dispute over the reimbursement of automobile insurance, and thus, the Defendant is obligated to return the said

B. A driver who makes a left-hand turn at an intersection in which a non-protective left-hand turn is permitted shall conduct the operation by checking the flow of a vehicle coming from the left-hand turn according to the proceeding signal in the opposite part.