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

Purport of claim and appeal

1..

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).

B. On May 14, 2015, around 09:50, the Plaintiff’s vehicle driven along a hub in the vicinity of the main body of the coast guard line, located in the area of the Jin Chang-gun, Jin Chang-gun, North Chang-gun, the lower part of the Defendant’s vehicle damaged the steel structure for construction work on the road (hereinafter “the instant relic”), which was loaded on the road. While the Defendant’s vehicle was driving along the said one lane, the lower part of the Defendant’s vehicle and fuel tank were destroyed due to the collision with the instant relic that was loaded on the road, and the facilities, such as the road surface were damaged due to oil leakage.

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

On March 29, 2018, the Plaintiff paid totaling KRW 32,266,300 to the Korea Highway Corporation, which is the manager of the said expressway, for expenses incurred in restoring facilities, such as roads, street areas, etc. damaged by the instant accident under the automobile insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, Eul evidence Nos. 1 through 3, 5 and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserts that the accident in this case was likely to discover the fallen of this case and the negligence of the plaintiff's vehicle did not discover it, and the plaintiff acquired the right to indemnity against the defendant who is a mutual aid business operator of the defendant vehicle under Article 682 of the Commercial Act. Thus, the defendant is liable to pay the plaintiff the part of the insurance amount paid by the plaintiff to the plaintiff as recovery expenses equivalent to the ratio of the defendant's vehicle's fault.

B. As to this, the Defendant, at the time, was scattered on both the first and second lanes of the instant falls, and the Defendant’s vehicle was erroneous as the place of the accident is a composite road in the form of a valley, and the place of the accident is the same.