1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Facts of recognition

A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract for AEX car (hereinafter “Plaintiff vehicle”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement for B cab (hereinafter “Defendant vehicle”).

B. On December 11, 2015, the Plaintiff’s vehicle was proceeding one-lane of the three-lanes from the military breath section to the air breath section on December 18:55, 2015, and the two-lanes of green light rapidly decreased even though the two-lanes were signaled on the crosswalk located front of the direction of proceeding.

At the same time, the Defendant’s vehicle, which was followed on the other side of the Defendant’s vehicle, was shocked with the part on the left side of the Plaintiff’s vehicle with the part on the upper part of the Defendant’s vehicle.

(hereinafter referred to as “instant accident”). C.

By January 27, 2016, the Plaintiff paid total of KRW 498,500 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

【The instant accident drawings】 In light of the fact that there was no dispute, Gap's evidence Nos. 1 through 5, Eul's evidence Nos. 1 and 4, and the purport of the entire pleadings, it is reasonable to deem that the instant accident caused the error of the Defendant vehicle, which did not neglect the duty of front-time care and did not secure the safety distance, as its main cause.

However, the plaintiff's vehicle is also at fault with a rapid reduction of speed, unless there is any inevitable reason in the straight margin of green light, and the driver of any motor vehicle under Article 19 (Maintenance of Safety Distance, etc.) of the Road Traffic Act (1) When following the motor vehicle behind the motor vehicle traveling in the same direction, the motor vehicle driver of any other motor vehicle shall secure a necessary distance so that it can avoid any collision with the motor vehicle traveling ahead of it, if

(4) No driver of any motor vehicle shall apply the brake in order to temporarily stop the motor vehicle or reduce the speed of the motor vehicle, except where he/she intends to prevent any danger and on the grounds of inevitability.

The background and background of the instant accident.