The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

[Claim]

1. Basic facts

A. The Plaintiff entered into an insurance contract is an insurer who entered into a comprehensive automobile insurance contract with A on the B-owned vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who entered into a comprehensive automobile insurance contract with C on the D-owned vehicles (hereinafter “Defendant vehicles”).

B. On September 5, 2014, around 14:45, the Plaintiff and the Defendant vehicles used two lanes prior to the entry of the west Coastal Highway, Seosan-si, Seosan-si, Seosan-si (144 km adjacent to the upper parallel line), the Defendant vehicle used two lanes for the Plaintiff vehicle, and the Plaintiff vehicle used one lane, respectively. However, the Defendant vehicle used two lanes prior to the Plaintiff vehicle.

위와 같이 2차로를 주행 중이던 피고차량은 졸음운전으로 인하여 1차로를 잠시 침범하였다가 다시 2차로로 복귀하였는데, 이에 후행하던 원고차량이 왼쪽으로 피하는 과정에서 원고차량의 왼쪽 앞면으로 터널 내 옹벽을 충격하였고, 그 충격으로 인하여 원고차량이 튕겨져 나가면서 선행하던 E 차량의 왼쪽 측면 부분을 원고차량의 오른쪽 앞면으로 충격하였다

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

Due to this accident, the Plaintiff’s vehicle suffered damages from KRW 9,220,000 for repair costs, and A, who is the Plaintiff’s driver, requested the Defendant to pay the insurance money, but the Defendant did not pay the insurance money.

A claimed for the payment of insurance money to the Plaintiff, and the Plaintiff paid the above amount to A.

2. Determination as to the cause of action

A. According to the occurrence and scope of the liability for damages and the recognition thereof, C, the driver of the Defendant vehicle, was negligent in breaking the tea at a place where the change of the tea is prohibited due to stroke driving.

Therefore, pursuant to the main sentence of Article 724(2) of the Commercial Act, the defendant who is the insurer of the defendant vehicle, is liable to compensate for the damages suffered by the owner of the plaintiff vehicle.

However, as seen earlier.