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 entered into a comprehensive car insurance contract with A (hereinafter “instant insurance contract”) with respect to the automobile B owned by the Plaintiff (hereinafter “Plaintiff”) with A (hereinafter “Defendant”) from December 20, 2014 to December 20, 2015, with respect to the insurance period. The Defendant is the owner of C vehicle (hereinafter “Defendant”).

B. On December 27, 2014, around 19:50 on December 27, 2014, the Plaintiff’s vehicle, among the three-lanes of the room of the forest tunnel located in Nam-gu, Nam-gu, Nam-gu, Gwangju toward one and two-lanes of the area of the room at the high level of the south-gu, Nam-gu, the front part of the Defendant’s vehicle, which is directly driven by two-lanes from the left side of the Plaintiff’s vehicle to the high level of the south-gu, south-do, the upper part of the two-lanes of the room at the high level of the south-do, and the said shock led to an accident (hereinafter “instant accident”).

C. The Plaintiff paid KRW 29,937,00 as insurance money upon the Plaintiff’s claim for insurance money under the instant insurance contract.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 4 (including each number), Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred between the negligence in violation of the duty of safe driving of the Plaintiff’s vehicle and the negligence in violation of the duty of due care. Since the negligence ratio is 70% of the Plaintiff’s vehicle, and 30% of the Defendant’s vehicle, the Defendant is liable to compensate for 30% of the cost of repairing the vehicle, which is

However, since the plaintiff paid the total automobile repair cost as insurance money, the defendant shall pay the plaintiff the above money of KRW 8,981,100 equivalent to that of the 30%.