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. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B vehicle (hereinafter “Defendant”).

B. Around 10:00 on March 4, 2018, the Plaintiff’s vehicle is driving along the two-lanes of the 3-lane road (hereinafter “instant road”) of the 3-lane road in Changwon-si, Changwon-si (hereinafter “instant road”). The Defendant’s vehicle, which is a prior vehicle of the same lane, voluntarily stops, and led the part of the Defendant’s vehicle to the left back of the Plaintiff’s vehicle on the front part of the right-hand part of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

On March 15, 2018, the Plaintiff paid insurance proceeds of KRW 2,323,00 at the cost of repairing the Plaintiff’s vehicle due to the instant accident.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances revealing the overall purport of the arguments in light of the facts admitted as negligence ratio and the evidence mentioned above, namely, ① the Defendant’s vehicle, while driving ahead of the Plaintiff’s vehicle at the two-lanes of the instant road, has changed the direction, etc. of the right direction from the two-lanes to the three-lanes while changing the two-lanes to the three-lanes; ② the Plaintiff’s vehicle, knowing that the Defendant’s vehicle would change the three-lanes of the vehicle, was negligent in failing to perform the duty of front watching and the duty of ensuring safety distance, while driving the vehicle. In light of the following circumstances, the instant accident was caused by the driver’s negligence of the Plaintiff’s driver, who failed to perform the duty of front watching and the duty of ensuring safety distance with the front vehicle, and caused the collision between the Plaintiff’s driver’s negligence and the Defendant’s negligence without any inevitable reason, and in light of the circumstances indicated in the arguments, such as the background of the instant accident and the shock parts of each vehicle.