1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract for Cone Star Vehicles (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement for D freight vehicles (hereinafter “Defendant”).

B. On December 16, 2017, around 16:45, a traffic accident occurred between the Plaintiff’s vehicle that attempted to combine the instant lane with the Defendant’s vehicle that proceeded with the fourth lane of the said road in the vicinity of the Dobongdong Highway, which is located in the west-si, the west-si, the west-si, the west-si, and the fourth lane of the said road.

C. On October 19, 2017, the Plaintiff, the insurer of the Plaintiff’s vehicle, paid KRW 280,000, after deducting KRW 200,000 of the repair cost of the Plaintiff’s vehicle from KRW 480,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8, video, purport of whole pleadings

2. Determination as to the cause of action

A. The main point of the Plaintiff’s assertion is that the foregoing traffic accident was caused by the shock of the Plaintiff’s vehicle, which is the front vehicle, and was caused by the total negligence of the Defendant’s driver.

Therefore, the defendant is obligated to pay 280,000 won and damages for delay paid by the plaintiff due to the above traffic accident.

B. In full view of the background leading up to the occurrence of the foregoing traffic accident, the location of the driver and the defendant vehicle at the time of the accident, and the degree of the collision, etc., the driver of the plaintiff vehicle, while neglecting such duty of care and trying to combine the vehicle to the above roads in a safe manner so as not to obstruct the normal passage of other vehicles at the time of the accident, provided the main cause of the traffic accident. The driver of the defendant vehicle, as the driver of the vehicle, had also prevented the accident by driving the vehicle safely, taking into account the characteristics of the road at the point where the road is combined.