1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Facts of recognition

The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to Aone Star Vehicles (hereinafter referred to as the “Plaintiff”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to B Lone Star Vehicles (hereinafter referred to as the “Defendant”).

The outline of the instant accident is as follows.

On June 6, 2015, the date and time of an accident: At around 19:10 on June 6, 2015: The background of the accident near the valleyIC in the direction of Seoul: C, a small and medium-sized vehicle (hereinafter referred to as "victim vehicle") was towing another cruise vehicle, etc. (hereinafter referred to as "booming vehicle") which stopped after the sudden accident while driving along the above expressway.

After that, the Plaintiff’s vehicle was concealed in the place where the accident occurred, and thereafter, the Defendant’s vehicle concealed the Plaintiff’s vehicle, and the Plaintiff’s vehicle was pushed into the Plaintiff’s vehicle, and the occurrence of an accident of re-rupture with the damaged vehicle.

By May 17, 2016, the Plaintiff paid insurance proceeds of KRW 10,000,000 as compensation for physical damage of the damaged vehicle.

[Ground of recognition] A through 4, B 1, 2, 4, 5, 6, and 7, and drivers of all legal vehicles involved in the occurrence of liability for damages of all statements or images, and the purport of the entire pleadings, shall, in case where the driver of any other legal vehicle following the vehicle running in the same direction stops suddenly, secure a necessary distance to avoid a collision with the said vehicle running in the same direction.

(Article 19(1) of the Road Traffic Act. Except in special circumstances, no vehicle shall stop or park on an expressway (Article 64 of the Road Traffic Act), and when it becomes impossible to drive a motor vehicle on an expressway due to breakdown or other causes, a "mark of a model-down motor vehicle" as prescribed by the Enforcement Rule of the Road Traffic Act shall be installed on the rear side of the expressway at least 100 meters from the expressway, and necessary measures, such as moving the motor vehicle to a place other than the expressway (hereinafter referred to as "safety measures").

Supreme Court Decision 200