The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

1. Basic facts

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

B. At around 18:20 on February 3, 2019, the Defendant vehicle entered the two-lane intersection in Geumsan-gun, Geumnam-gun, Geumsan-gun, and changed the vehicle into one-lane, and collisioned with the Plaintiff vehicle, which was traveling along the first lane.

(hereinafter “instant accident”).

C. On February 15, 2019, the Plaintiff paid KRW 1,799,150,000, out of the repair cost of the Plaintiff’s vehicle due to the instant accident, subtracting KRW 200,000 from the insurance money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 3, Gap evidence Nos. 5 through 8, Eul evidence Nos. 2, 3, 5 and 6, and the purport of the whole pleadings

2. Determination

A. The instant accident with the fault ratio occurred when the Defendant vehicle entered the two-lane intersections, and the said vehicle was intended to change the two-lanes from the two-lanes to the one-lanes in the said intersections, and thus, the vehicle’s vehicle’s main fault was sufficiently examined the movement of the vehicle to enter prior to the change of the vehicle, and the Defendant vehicle’s duty to secure the safety distance was negligent.

However, it is difficult to see that the Plaintiff’s vehicle has fulfilled its duty to see the Defendant’s vehicle that is proceeding on the right side while proceeding with the intersection where the change of course is frequent.

In full view of the degree of such breach of duty of care, the background of the accident, and the degree of conflict, etc., it is reasonable to view the fault ratio of the Plaintiff and the Defendant vehicle as 30:70.

B. On February 15, 2019, the Plaintiff paid KRW 1,799,150,00,000, which was calculated by subtracting KRW 200,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident, as seen earlier.

Therefore, the Defendant’s indemnity amounting to KRW 1,199,405 [=(200,000 won) x 70% - 200,000 won] and the following day following the payment of insurance money to the Plaintiff.