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 concluded a comprehensive automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with B (hereinafter “Defendant”).

B. At around 08:40 on July 25, 2015, the Plaintiff’s vehicle was rapidly stopped on the right direction, etc. in order to leave the direction towards the right direction, etc. while driving the first line road in the vicinity of the new ICT, among the second line roads in the vicinity of the new ICT, on a right-hand side.

Accordingly, the vehicle immediately following the Plaintiff’s vehicle stopped in the center direction, and thereafter, the Defendant’s vehicle, which followed the vehicle, was changing the vehicle to the second line to avoid it, but the vehicle, which was stopped in the middle of the first and second lanes, caused an accident that shocks the back part of the Plaintiff’s vehicle, which was stopped in the middle of the first and second lanes (hereinafter “instant accident”).

C. The Plaintiff paid KRW 3,01,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 8, Eul evidence Nos. 1 and 2 (including each number) and images

2. Occurrence of, and limitation on, liability for damages;

A. According to the above facts, since the accident of this case occurred due to negligence in violation of the duty to keep the driver on front of the defendant vehicle and the duty to maintain safety distance, the defendant is liable as the insurer of the defendant vehicle for the damage suffered by the plaintiff vehicle due to the accident of this case.

B. However, the following circumstances acknowledged by the foregoing evidence, i.e., the Plaintiff’s vehicle may be found to have been immediately stopped in order to change its lanes from the first to the second two lanes, and such negligence appears to have contributed to the occurrence and expansion of the damage caused by the instant accident, and thus, the Defendant’s liability is limited to 50% in determining the amount of damages to be compensated by the Defendant.

C. Accordingly, the Defendant’s KRW 1,505,50 = 3,011.