The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

[Claim]

1. Basic facts

A. The Plaintiff is an insurance company that entered into an automobile insurance contract with respect to DST vehicles (hereinafter “Defendant vehicle”). The Defendant is an insurance company that entered into an automobile insurance contract with respect to DST vehicles (hereinafter “Defendant vehicle”).

B. On July 22, 2019, around 12:28, in the situation where the Plaintiff’s vehicle and the Defendant’s vehicle are in contact with each other at the two-lanes where the central line is installed near T-dong, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon-si., the lower part of the Plaintiff’s vehicle’s left side and the left side of the Defendant’s vehicle were contacted.

C. On August 16, 2019, the Plaintiff paid the insurance proceeds of KRW 418,900 in total to the automobile maintenance enterprise.

[Ground for recognition] Unsatisfy, Gap evidence 2

2. The assertion and judgment

A. The plaintiff asserts that the above contact accident is caused by competition between the plaintiff and the defendant's vehicle's fault and at least 50% of the fault of the plaintiff's vehicle, as stated in the Deliberation Committee on the Settlement of Claims, as stated in the Central Line, and thus, the defendant should pay to the plaintiff the amount of indemnity corresponding to the negligence of the defendant's vehicle (the amount corresponding to the total amount or at least half of the insurance money paid by the plaintiff'

In this regard, the defendant asserts that the above contact accident is an unreasonable progress of the plaintiff's vehicle and contact with the defendant's vehicle which was under the stop, and the defendant's vehicle is a negligence without fault.

B. There is no dispute between the parties that there is no choice but a center line in order to pass through two places because vehicles are already stopped.

In other words, the failure of the plaintiff and the defendant's vehicle to commit each central line can not be considered as the negligence of the above contact accident.

Furthermore, whether the accident occurred due to any circumstance, such as the progress of the defendant vehicle at the time of the accident, the health class whether the negligence of the defendant vehicle was proved in the process, part of the evidence No. 7, and the evidence No. 5 and No. 6 are alone.