The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Emat Vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the freight vehicle D (hereinafter “Defendant vehicle”).

B. On December 14, 2012, around 1:30, the driver of the Defendant’s vehicle driven two lanes in the upstream of the upstream line near the Yancheon-si, Seocheon-do, Seocheon-do, in order to drive a road on the right side, and the driver did not discover the Plaintiff’s vehicle standing on the right side and did not cause an accident to shock the back part of the Plaintiff’s vehicle (hereinafter “the instant accident”), and due to the instant accident, the E, who was on the front part of the Plaintiff’s vehicle, was suffering from the injury, such as a multi-fluoral decline.

C. From December 18, 2012 to June 3, 2015, the Plaintiff paid KRW 11,563,060 in total, excluding KRW 45,777,220 ( KRW 1,263,270, KRW 1,136,820, KRW 2,673,50, KRW 2,406,050, KRW 37,820,000), as insurance proceeds, to E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, video, purport of whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred due to the previous negligence of the Defendant’s driver who carried out driving on the stroke in violation of the duty of front-time navigation and the duty of safe driving, and thus, the Defendant, the mutual aid business operator of the Defendant’s vehicle, is obliged to pay the insurance money of KRW 11,563,060 and the damages for delay paid by the Plaintiff to E with the indemnity amount pursuant to Article 6

B. The Plaintiff asserted by the Defendant 1 had paid insurance money to E under the motor vehicle injury item, and acquired the claim for damages that E has against the perpetrator pursuant to Article 682(1) of the Commercial Act. The instant lawsuit was filed in the instant case.