1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive 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 B (hereinafter “Defendant”).

B. On November 24, 2011, around 05:15, the Plaintiff’s vehicle was destroyed by the Defendant’s vehicle left alone while driving along the two lanes near the Pyeongtaek-gun lessee’s Highway located in the middle of the two lanes, which was occupied by the two lanes.

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

On November 27, 2014, the Plaintiff paid insurance proceeds of KRW 419,300 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including additional numbers), Eul evidence No. 1 and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred by the unilateral negligence of the driver of the defendant vehicle who neglected to take protective measures, and thus, the defendant is obligated to pay the plaintiff the amount equivalent to the above repair cost of KRW 419,300 and the damages for delay.

Accordingly, the defendant asserts that the defendant's liability of the driver of the defendant's vehicle should be limited to 60% since the driver of the defendant's vehicle was unable to escape from the defendant's vehicle, and the driver of the plaintiff's vehicle was negligent in failing to perform his duty of safe driving.

B. Determination of the above facts and the evidence as seen earlier reveal the following circumstances: (a) at the time of the instant accident, the driver of the Defendant’s vehicle moves the Defendant’s vehicle to a safe place; or (b) installed identification signs, etc. on the front side of the Defendant’s vehicle at the time of the instant accident; and (c) the vehicle following the instant accident while driving along the instant accident along the instant road is reversed the Defendant’