1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. At the time of the basic fact-finding accident, around 14:40 on April 5, 2019 at the time of the insured vehicle CD of the insured vehicle, the insured vehicle of the Plaintiff (hereinafter “Plaintiff”), as indicated in the site map of the collision in the vehicle age of the Plaintiff’s vehicle at the Yancheon-do Highway, Yancheon-gu Highway, Yanan-do, and the site map of the accident in the Yanan-do, where the insured vehicle of the Plaintiff (hereinafter “Plaintiff”) was driven behind the Plaintiff vehicle during the two-lanes of the two-lanes of the accident, and the Defendant’s deducted vehicle (hereinafter “Defendant’s vehicle”) driving behind the Plaintiff vehicle (hereinafter “the instant accident”) concealed the vehicle after the rear of the Plaintiff vehicle, and caused the shock (hereinafter “the instant accident”), the Plaintiff, on June 20, 2019, paid the insurance proceeds to the Plaintiff’s insured vehicle of the Plaintiff’s KRW 5,694,100,000 for self-paid loss.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the main point of the plaintiff's assertion is that the defendant's vehicle was presumed to be the whole fault of the defendant's vehicle, since the accident of this case where the plaintiff's vehicle was pushed ahead of the plaintiff's vehicle due to its shock.

In this regard, the defendant asserts that the plaintiff's vehicle was negligent in 40% of the occurrence of the accident in this case, since the plaintiff's vehicle was towed first and the defendant's vehicle was involved in an accident leading the plaintiff's vehicle to the end of the vehicle.

B. In full view of the following circumstances, it is reasonable to view that the instant accident occurred by the gross negligence of the Defendant’s vehicle, based on the aforementioned evidence and the purport of the entire pleadings.

① In view of the Plaintiff’s front and rear black image (Evidence No. 4 and 5) and the images of the incident video (Evidence No. 3), the Plaintiff’s vehicle is the vehicle between the end of the Plaintiff’s vehicle and the end of the movement.