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. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On November 2, 2015, around 06:05, the Defendant’s vehicle: (a) was driven along the road at the location prior to the passage of the subway tunnel at the port of the Highway, Daegu Port in Daegu Port on the Highway on November 2, 2015; and (b) was tinked in loading the said truck, thereby falling on the road.

(hereinafter referred to as "accident"). (c)

Plaintiff

On the same day, the vehicle driven along the two-lanes of the two-lanes of the above road at around 06:10 on the same day, and the C vehicle driven ahead of the two-lanes of the above road (hereinafter referred to as the “victim”) discovered and slowly driven a stone fold on the road, and led to a confluence of the above damaged vehicle.

(hereinafter “instant accident”). D.

On December 15, 2015, the Plaintiff paid KRW 11,738,00 of the nominal insurance money, such as repair cost, to the damaged vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 3, or the purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the accident of this case occurred since the plaintiff did not take any safety measures such as cutting down stone booms scattered on the road or putting up safety marking for the vehicles that the defendant's vehicle used after the accident occurred. Thus, the defendant is liable to pay the indemnity amount and damages for delay equivalent to 40% of the insurance money paid by the plaintiff.

B. The fact that the instant accident occurred on the road as a result of the prior accident at the time of the instant accident is being scattered, but it cannot be readily concluded that the instant accident occurred.

Rather, according to the above evidence and the purport of the whole pleadings, other vehicles after the occurrence of the preceding accident are taking place after recognizing the said accident.