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

Purport of claim and appeal

The first instance court.

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

B. On February 8, 2015, while the Plaintiff’s vehicle was travelling along a nearby road D at the Government-Si around February 16:23, 2015, the back part of the Defendant’s vehicle stopped for signalling (hereinafter “instant accident”) was shocked by the front part of the Plaintiff’s vehicle (hereinafter “instant accident”), and due to the instant accident, E, the front passenger of the Defendant vehicle, suffered injury.

C. On February 17, 2015, the Plaintiff paid 500,000 won agreed upon to E, and on March 26, 2015, paid 232,550 won to F Hospital as E’s medical expenses.

[Reasons for Recognition] The facts without dispute, Gap evidence 1 through 3, 6, Eul evidence 1 and 3 (including the number of branches), the video and the purport of the whole pleadings

2. The assertion and judgment

A. The parties asserted 1) immediately after the occurrence of the instant accident, the driver of the Defendant vehicle left the Defendant vehicle and shocked the front part of the Plaintiff vehicle into the rear part of the Defendant vehicle (hereinafter “instant secondary accident”).

() The second accident contributed to the expansion of damages and the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle competes with 50 vehicles for the damages. Accordingly, the Defendant is obligated to pay to the Plaintiff KRW 36,275 (= KRW 732,550,000 (= KRW 232,550,000), KRW 1/2), and delay damages for the amount of indemnity. The instant accident occurred due to the shock of the Defendant vehicle parked by the Plaintiff, and there was no negligence on the Defendant’s vehicle driver, since the Defendant did not have sustained the Defendant vehicle immediately after the instant accident.

Therefore, the defendant does not have the obligation to pay the indemnity to the plaintiff.

B. The evidence presented by the Plaintiff alone is immediately following the instant accident by the driver of the Defendant vehicle.