1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. On September 12, 2017, the driver of the Plaintiff’s vehicle, while driving in a two-lane or more as of September 11:37, 2017, the front part of the right side of the Plaintiff’s vehicle, which changed from the first to the second two-lane, while driving in the two-lane or more in the vicinity of a wooden bridge in Yangcheon-gu Seoul Metropolitan Government.

(hereinafter referred to as “instant accident”). C.

On September 26, 2017, the Plaintiff paid KRW 330,200 for the repair cost of Plaintiff’s vehicle (excluding KRW 200,000 for self-payment) as insurance money.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, and the purport of the whole pleadings

2. According to the above facts and the evidence revealed as to the cause of the claim, the accident in this case did not properly examine the movement of the plaintiff vehicle, which is the rear-way vehicle, and the situation where the plaintiff vehicle, which is the rear-way vehicle, was set at one-lane, and the two-lane and the three-lane change was resolved, despite the fault of the defendant vehicle, and the fault of the plaintiff vehicle, which is the front-way vehicle, did not properly look at the movement of the defendant vehicle, while driving the two-lane and the three-lane change in the two-lane distance. In light of the background leading up to the accident in this case and the situation leading up to the collision of the plaintiff vehicle and the defendant vehicle, it is reasonable to view that the fault ratio is 40% of the plaintiff vehicle and 60% of the defendant vehicle.

Therefore, pursuant to subrogation by the insurer under Article 682 of the Commercial Act, the Plaintiff’s total amount of KRW 530,200 (=330,200,200, which the Plaintiff paid to the Defendant as insurance money) calculated by deducting KRW 200,000 from the Defendant’s fault ratio of KRW 318,120 (=530,200 x 60 per cent) the Plaintiff’s self-paid share of KRW 118,120 = 318,120 - 200.