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 has entered into an automobile mutual aid contract with respect to D vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to E vehicles (hereinafter “Defendant vehicles”).

B. On January 12, 2018, around 11:20, the Plaintiff’s vehicle is proceeding along one lane (section 1) in the direction of H elementary school located in Songpa-gu Seoul, Songpa-gu, Seoul (F apartment room located in Songpa-gu) in the direction of H elementary school located in Songpa-gu, Seoul. While the left turn to T-type intersection without any signal apparatus before H elementary school, there was an accident of collision between the Defendant’s upper part on the left side of the Plaintiff’s vehicle and the part of the part of the Plaintiff’s right side.

(hereinafter “instant accident”). C.

On February 8, 2018, the Plaintiff paid insurance proceeds of KRW 1,379,00 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] The facts without any dispute, Gap's 1 through 9, Eul's 1 through 5, 7, Eul's 6-1 and 2's 6-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion (i.e., the intersection where the instant accident occurred is an intersection where traffic is not controlled. Since the Defendant’s vehicle entered the said intersection more than the Plaintiff’s vehicle, the Defendant’s fault in the instant accident reaches 30%.

The Plaintiff acquired a claim for damages against the Defendant’s driver of the Defendant vehicle by subrogation as prescribed by Article 682 of the Commercial Act by paying the mutual aid money of KRW 1,379,00 for the beneficiary of the Plaintiff vehicle. The Defendant, who is the insurer of the Defendant vehicle, is obligated to pay the Plaintiff the indemnity amount of KRW 413,700 corresponding to the rate of negligence (=the Plaintiff’s payment of KRW 1,379,000 x 0.3) and damages for delay.

The instant accident involving the Defendant is that the Plaintiff’s vehicle does not regulate traffic.