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

B. On May 11, 2017, around 08:20, there was a traffic accident that conflict between the original and the Defendant vehicles, as described in the summary map at the accident site, on the one-lane road located in the 224-lane in the Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, 2017.

C. On May 22, 2017, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 1,630,000 for the repair cost of the Plaintiff’s vehicle.

On August 21, 2017, the Plaintiff filed a request for deliberation with the Defendant at the indemnity fee dispute deliberation committee, and the deliberation and coordination decision was made on August 21, 2017.

The decision is that both the plaintiff and the defendant's vehicle violated the duty of safe driving, and the negligence ratio of the plaintiff's vehicle and the defendant's vehicle is 15:85.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 24 and 5, video and the purport of the whole pleadings

2. In full view of the circumstances leading up to the occurrence of the foregoing traffic accident, the location of the original and the Defendant vehicle at the time of the accident, and the degree of the collision, etc., as seen earlier, the occurrence of the said traffic accident is likely to easily occur, such as the departure of the vehicle from the vehicle’s line or the median line, etc., with the top line order of the first line. As such, the driver of the vehicle passing through the said top order zone bears the duty of safety to take appropriate preventive measures, such as sending a warning signal using a horn or headlight, or driving the vehicle at the right right side of the road, in a case where the vehicle driven through the said top order is witnessing the abnormal progress of the vehicle, compared to the abnormal operation of the vehicle driven by the vehicle driven through the slowly driving. However, all drivers of the original and the Defendant vehicle are obliged to take proper preventive measures.