2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

A. The Plaintiff is an insurer who has entered into an automobile insurance contract for the Plaintiff’s bus (hereinafter “Plaintiff’s vehicle”), and the Defendant is a mutual aid entrepreneur who has entered into a mutual aid agreement for D Trucks (hereinafter “Defendant’s vehicle”).

B. Around July 1, 2017, around 18:01, the driver of the Plaintiff’s vehicle: (a) the Defendant’s vehicle driving along the side behind the instant vehicle, who attempted to stop on the side of the side near the 4.2km of the Gannam-gu, Sungnam-gu, Sungnam-gu, Seoul, to stop on the side of the Nannam-gu, Nannam-gu, Seoul, the lower part of the Plaintiff’s vehicle, while facing the border.

(hereinafter referred to as “instant accident”) C.

Plaintiff

The driver of the vehicle, immediately before the instant accident, tried to leave the Defendant’s vehicle onto the vehicle driving along the Plaintiff’s vehicle, was set to each other, and as seen earlier, tried to stop on the side side in order to comply with the Defendant’s driver.

The Plaintiff paid 1,113,590 won in total to E, etc. on July 21, 2017, according to the above insurance contract.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 3, 5, 6, and Gap evidence Nos. 8-2, and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition of liability, the Plaintiff, who paid the repair cost of the Plaintiff’s vehicle, which is the damaged vehicle, may claim the amount against the Defendant, who is the Defendant, the insurance company of the damaged vehicle, unless there are special circumstances.

B. The driver of a motor vehicle shall not drive the side or stop on the side of the road except in cases where there are unavoidable circumstances, such as breakdown of the motor vehicle on the expressway, etc. (the main sentence of Article 60(1) and the main sentence of Article 64 subparag. 3 of the Road Traffic Act). However, according to the facts acknowledged earlier, the driver of the motor vehicle tried to stop on the side in order to cover the costs paid for the traffic along the road between the driver of the motor vehicle and the driver of the motor vehicle, which is