1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to the vehicle A (hereinafter the plaintiff vehicle), and the defendant is an insurer who has concluded each automobile insurance contract with respect to the vehicle B (hereinafter the defendant vehicle).

B. On December 18, 2013, around 23:59, at the 23:59, a vehicle dedicated to the Plaintiff’s vehicle (hereinafter referred to as the “first accident”) was stopped on the road in the Daegu Suwon-gu waterway (hereinafter referred to as the “first accident”), and the D vehicle following the Plaintiff’s vehicle (hereinafter referred to as the “half-way vehicle”) was rapidly stopped, and thereafter, the Defendant’s vehicle driven behind the vehicle was pushed the Plaintiff’s vehicle while towing the middle vehicle at the wind of towing the middle vehicle, and the Plaintiff’s vehicle rewing the front vehicle (hereinafter referred to as the “second accident”).

C. On February 5, 2014, the Plaintiff paid KRW 1,230,00 as the repair cost of the Plaintiff’s vehicle, and the Defendant paid KRW 1,720,000 as the repair cost of the Defendant’s vehicle on December 31, 2013, and KRW 5,574,00 as the interim repair cost of the vehicle on February 7, 2014.

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

2. The plaintiff asserts that the first accident was insignificant, but the second accident caused the damage of the plaintiff's vehicle to the wind of the plaintiff's vehicle again. The defendant's driver who caused the second accident was at least 75% of the damage of the plaintiff's vehicle, and therefore, the defendant is obliged to pay the plaintiff the amount of KRW 922,50 (=1,230,000 x 0.75) out of the insurance money paid by the plaintiff as the repair cost of the plaintiff's vehicle.

On the other hand, the defendant caused a series of accidents at the wind to see the front vehicle by the driver of the plaintiff's vehicle, and the driver of the plaintiff's vehicle did not take safety measures to prevent subsequent accidents after the first accident. Thus, the driver of the plaintiff's vehicle is the driver of the plaintiff's vehicle.