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 concluded an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. Around 08:50 on September 22, 2014, the Plaintiff’s vehicle was driven by the Defendant’s vehicle, which was driven behind the Plaintiff’s vehicle, while driving in the ancient-dong, Guro-gu Seoul Metropolitan Government as one-lane, and then was pushed back in the future, and the Plaintiff’s vehicle was pushed back before the Plaintiff’s vehicle (hereinafter “the instant accident”).

C. On February 16, 2015, the Plaintiff paid KRW 385,420,00, excluding the insured’s own shares at the repair cost of the damaged vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) In light of the background and contents of the occurrence of the Plaintiff’s instant accident, the instant accident occurred due to the total negligence of the Defendant’s vehicle. As such, the Defendant is obligated to pay the Plaintiff the indemnity amount of KRW 385,420 and the damages for delay thereof in accordance with the insurer’s subrogation doctrine. 2) The instant accident was caused by the Plaintiff’s vehicle proceeding behind the Plaintiff’s vehicle while the damaged vehicle temporarily stops, and the Defendant’s vehicle proceeding behind the Plaintiff’s vehicle was concealed in the first lane, and the damage vehicle was caused by the Defendant’s vehicle towing the Plaintiff’s vehicle and towing the Plaintiff’s vehicle in the future.

Plaintiff

The vehicle is caused by the primary drilling accident and the damage caused by the damaged vehicle due to neglect of the duty to ensure safety distance and the duty to see the front-time accident. The accident occurred indirectly by the plaintiff's vehicle being pushed down even though the plaintiff's vehicle was killed due to the drilling of the defendant's vehicle.