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. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to AA car (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who entered into an automobile mutual aid contract with respect to B cab (hereinafter “Defendant”).

B. On June 22, 2017, around 07:58, the driver of the Plaintiff’s vehicle entered the intersection in accordance with a straight distance intersection in front of the Swit-dong of the Swit-dong, Song-si, Yan-si, with a signal, etc. from the Swit-dong, and passes the Defendant’s vehicle stopped on the right side of the running direction of the Plaintiff’s vehicle to its left side, while the Defendant’s vehicle undergoes a change of course with its direction toward the right side of the Plaintiff’s vehicle, and facing the rear part of the right side of the Plaintiff’s vehicle, the front part of

(hereinafter “instant accident”). C.

On June 29, 2017, the Plaintiff paid insurance proceeds of KRW 8,891,800 with the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5 and 7, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident occurred due to the former negligence of the Defendant’s driver. Therefore, the Defendant is obligated to pay the Plaintiff the insurance money of KRW 8,891,800 paid to the Plaintiff as a reimbursement. The Defendant’s negligence should be deemed to exceed 20% of the Plaintiff’s vehicle’s negligence and 80% of the Defendant’s vehicle’s negligence.

B. In light of the circumstances surrounding the instant accident, which can be seen by comprehensively taking account of the overall purport of the evidence revealed prior to the judgment, the instant accident conflicts with the fault of changing the lane from the straight lane to the left left-hand lane to the left-hand, without properly verifying the front, rear, and left-hand side while the Defendant driver stops after stopping.