1. The defendant's appeal is dismissed.

2. The plaintiff shall dismiss the incidental appeal.

3. The appeal costs are the defendant.

1. Facts of recognition;

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

B. On May 5, 2015, at around 15:00, the Plaintiff’s vehicle moved to the left-hand side of the road where it is possible to walk without a lane located in the Han River-ro 3, Yongsan-gu Seoul Metropolitan Government, and the front part of the Defendant’s vehicle temporarily stopped after moving to the said road bypassing from the a runway on the left-hand side of the front side of the road.

(hereinafter “instant accident”). C.

On May 26, 2015, the Plaintiff paid KRW 410,000 as the repair cost for the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Defendant’s vehicle entered the road where the Plaintiff’s vehicle was running on the right-on-way by neglecting his duty of front-waying and causing the instant accident, and that the negligence ratio of the Defendant’s vehicle to the Plaintiff is 80%, which affected the instant accident. Therefore, the Defendant is obliged to pay to the Plaintiff KRW 328,000, which is equivalent to 80% of the negligence ratio of the Defendant’s vehicle out of KRW 410,000, and damages for delay.

In this regard, the defendant, while driving at the left-hand side of the road at a rapid speed of the plaintiff's vehicle, has shocked without discovering and accelerating the defendant's vehicle which is stopped. Since the accident occurred due to the negligence of one of the above plaintiffs' vehicles, the defendant asserts that the defendant does not have a duty to comply with the claim for reimbursement of this case.

B. According to the reasoning of the judgment, the above evidence and the purport of the entire pleadings, the instant accident is on the side of the road.