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

B. Around 13:30 on July 24, 2015, the driver of the Plaintiff’s vehicle stopped on the part of the Plaintiff’s vehicle due to the strike from the front line of the Plaintiff’s vehicle while driving on one lane from the Highway in the valley tunnel (hereinafter “instant road”). While the two vehicles following the Plaintiff’s vehicle stopped in the order of order, there was an accident that the Defendant’s vehicle following it stopped the rear line of the front vehicle (hereinafter “instant accident”).

C. The Defendant paid a total of KRW 4,900,000 to the owner of the Defendant’s vehicle for the repair cost of the instant accident, and filed a claim against the Plaintiff for deliberation on the instant accident with the committee for deliberation on the damage indemnity against the Plaintiff, asserting that the Plaintiff’s negligence was 40% of the Plaintiff’s driver’s negligence. On October 26, 2016, the said committee rendered a decision that the Plaintiff would pay KRW 980,000 to the Defendant (hereinafter “instant decision”).

Accordingly, the Plaintiff filed a petition for review on the ground that it did not consent to the instant decision, and on February 27, 2017, the indemnity committee decided to dismiss the Plaintiff’s petition for review.

E. On March 23, 2017, the Plaintiff paid KRW 980,000 to the Defendant, and filed the instant lawsuit by asserting that the instant accident occurred due to the negligence of the Defendant on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 9, and the purport of the whole pleadings

2. The driver of the Plaintiff’s vehicle who asserted the cause of the Plaintiff’s claim shall be the sloping of the expressway while driving on the expressway.