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 insurance contract with B (hereinafter “Plaintiff”) and the Defendant is a mutual aid business operator who has entered into an automobile mutual aid contract with C cab (hereinafter “Defendant”).

B. Around 23:00 on September 28, 2017, D driving the Plaintiff’s vehicle and transferred the Plaintiff’s vehicle from the drown-gu E (hereinafter “instant intersection”) to the front side of the drown-gu, Gwangju, to the front part of the Defendant’s vehicle entering the instant intersection in order to drive the Plaintiff’s seat even and left side of the Plaintiff’s vehicle to the front side of the front side of the drown-dong branch, and to drive the Plaintiff’s vehicle directly from the front side to the front side of the front side.

C. On December 22, 2017, the Plaintiff paid insurance proceeds of KRW 1,600,000 (i.e., medical expenses 1,022,580 + other damages 577,420 won) to F on December 22, 2017, including the medical expenses of Defendant vehicle F due to the instant accident.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2-1, 3-1, 2-2, Gap evidence 2-1, 2-1, 2-2, Eul evidence 1-1, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the parties’ assertion (i) The instant intersection, the point where the instant accident occurred, is the main side of the Defendant vehicle, at the time of the instant intersection, could verify the Plaintiff vehicle entering the instant intersection on the right side of the front side, and thus, the Defendant vehicle driver could have checked the Plaintiff vehicle entering the instant intersection, and thus, the instant accident occurred by entering the instant intersection without at all reduction of speed, failing to exhaust all his duty at all, while neglecting the Plaintiff vehicle’s movement. Therefore, in the instant accident, the negligence ratio of the Defendant vehicle driver constitutes at least 10%.

However, for the insured of the Plaintiff vehicle, the Plaintiff covered the insurance money of KRW 1,600,000 for the medical expenses of the passenger F of the Defendant vehicle due to the instant accident.