1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with Nonparty B and C (hereinafter “Plaintiff”) and entered into a non-life insurance contract with respect to the non-party B and C, and Defendant Matz Marine Insurance Co., Ltd. is an insurer who entered into an automobile insurance contract with Defendant A and D (hereinafter “Defendant”).

B. On December 13, 2013, around 09:37, the Defendant’s vehicle driven through the Gulletool in the direction south from the government side of the 27.3km point of the Hannam Highway (hereinafter “instant accident”) at a point where the vehicle is narrow due to the type of bottle, and as the vehicle was somewhat contacted in the course of overtaking the Plaintiff’s vehicle, the vehicle was changed in the direction of the Plaintiff’s vehicle and stopped twice as soon as possible, resulting in an accident that the Plaintiff’s vehicle stops rapidly to avoid collision (hereinafter “instant accident”).

C. The driver of the Plaintiff’s vehicle E was treated with injury caused by the instant accident at the medical corporation’s hospital, F hospital, G medical clinic, etc., and the Plaintiff paid totaling KRW 2,152,910 as the insurance proceeds of E by May 27, 2014 in accordance with the foregoing non-insurance coverage agreement.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 6, Evidence Nos. 2 and the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the determination of the cause of the claim, and the description of Gap evidence No. 4, the instant accident occurred as a whole after the Plaintiff’s intention to drive a retaliationed vehicle intentionally due to the sudden change of the vehicle in front of the Plaintiff.

In addition, it is recognized that E was under the diagnosis of injury of 'inception, shouldering, salted tensions, tensions, etc.' which require stability and treatment for 2 weeks from the date of the instant accident, and thereafter received medical treatment for the injury suffered by the instant accident because E was able to visit several hospitals. Thus, the Defendants are not in special circumstances.