1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

1. Facts of recognition;

A. With respect to the Plaintiff’s C Vehicle (hereinafter “Plaintiff’s Vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to D Vehicle (hereinafter “Defendant’s Vehicle”).

B. On December 21, 2017, at around 17:10, a traffic accident that conflicts with original and Defendant vehicles, such as video recording in the attached Form on the road located in Seongbuk-gu Seoul Metropolitan Government Seongbuk-dong (hereinafter “instant road”).

C. On January 15, 2018, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 13,888,000 as the insurer of the Plaintiff’s vehicle (the repair cost of the Plaintiff’s vehicle).

On March 26, 2018, the Plaintiff filed a request for deliberation against the Defendant with the E Committee, and the E Committee decided on March 26, 2018, “The occurrence of the said traffic accident due to the concurrence of the negligence of the original and the Defendant drivers, and the ratio of the fault liability is 50:50.”

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, 11, 12, Eul evidence 1 through 4 (including paper numbers) and the purport of the 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 occurred by the negligence of the driver of the Plaintiff and the Defendant’s vehicle. However, since the ratio of the negligence of the driver of the Defendant’s vehicle driving with snow paths without driving slowly is 70%, the Defendant is obliged to pay to the Plaintiff the above insurance proceeds KRW 9,721,60, equivalent to 70% of the above insurance proceeds of KRW 13,88,000, and damages for delay.

B. According to the evidence revealed earlier, the road surface of this case may be cut off due to the snow at the time of the occurrence of the traffic accident, and the removal of the vehicle from the vehicle line or the median line may easily occur, and thus, the driver of the vehicle passing through the road bears the duty of safety to take appropriate preventive measures while driving the vehicle while driving the vehicle. However, all the driver of the vehicle and the driver of the vehicle driving the vehicle are obliged to take proper preventive measures.