1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. Around August 26, 2015, a driver of the Defendant vehicle temporarily stops the Defendant vehicle to yield the course to the numberless vehicles running on the right alley, while driving the Defendant vehicle and driving the two-lane road near the route of the 2nd line of the 3rd line.

At the time, C was driving the Plaintiff’s vehicle and driving it along one lane at the right side of the Plaintiff’s vehicle. However, C discovered that the Defendant’s vehicle stops on the two-lanes, and that the front part of the left side of the Defendant’s vehicle, which started after the bed stop while moving off the Defendant vehicle on the right side, conflict with the front part of the Defendant’s vehicle, which started after the bed stop.

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

In relation to the instant accident, the Defendant paid KRW 6,144,00 as the repair cost of the Defendant’s vehicle, and thereafter filed a request for deliberation with the Plaintiff to the committee for deliberation on indemnity claims. On November 30, 2015, the committee for deliberation on indemnity claims rendered a decision on deliberation and resolution that “The ratio of the Plaintiff’s vehicle’s liability in relation to the instant accident is 70%, and the ratio of the Defendant’s vehicle’s liability is 30%, and the amount to be paid by the Plaintiff to the Defendant is 4,300,800 won (= 6,144,000 won x 30%).”

On December 22, 2015, the Plaintiff paid KRW 4,300,80 to the Defendant, and thereafter filed the instant lawsuit against the deliberation and resolution of the committee for deliberation on disputes over indemnity on the same day.

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

2. Determination

A. The Plaintiff’s assertion that the instant accident occurred was illegal stopping on the road, but did not live well at the rear side of the Plaintiff’s vehicle.