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. Basic facts

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

B. On January 11, 2017, around 14:00, the Plaintiff’s vehicle bypassing the Defendant’s vehicle located at the e-mail intersection located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, was an accident attributable to the police officer C, where the vehicle was pushing the Defendant vehicle.

C. Due to the above accident, C has suffered a structural frame, etc. to the right side.

Accordingly, from February 3, 2017 to August 16, 2017, the Plaintiff paid KRW 22,218,180 as the insurer of the Plaintiff’s vehicle totaling KRW 22,218,180.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 7 and the purport of the whole pleadings

2. The assertion and judgment

A. The driver of the Defendant vehicle in the summary of the Plaintiff’s assertion has a duty to take appropriate safety measures in order to prevent the occurrence of an accident due to the Defendant vehicle in the intersection due to the breakdown, but left the Defendant vehicle in the intersection.

As a result, the defendant's vehicle C left alone in the intersection was pushed ahead of the defendant's vehicle, and the driver of the plaintiff's vehicle caused the injury to C while proceeding with the intersection, so the ratio of the defendant's fault liability for the accident is 30%.

Therefore, the defendant, as the insurer of the defendant vehicle, is obligated to pay KRW 6,665,459, which is 30% of the insurance money paid by the plaintiff.

B. In full view of the background leading up to the occurrence of the foregoing accident, the location of the original and the Defendant vehicle and the victim at the time of the accident, and the victim’s injury, etc., the Defendant vehicle was in the intersection due to the breakdown at the time of the occurrence of the accident, and thus, the Defendant vehicle is bound by the vehicle driving along the intersection.