The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

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

B. On February 23, 2018, around 19:25, the Plaintiff’s vehicle driven the first-lane of the 2nd west Coastal Expressway, which is about 19 km located in the direction of the 19k Jeju Jeju Jeju Jeju Branch Office in the middle of the 2nd west Coastal Expressway (hereinafter “instant first accident”) and the previous E vehicle was predicted (hereinafter “instant first accident”).

C. The driver of the F vehicle stopped the instant first accident while driving the vehicle according to the Plaintiff, and the Defendant’s vehicle, who driven by the F vehicle, was at the time of the occurrence of an accident in which the rear of the F vehicle, who driven by using the F vehicle, concealed the rear of the F vehicle (hereinafter “instant second accident”).

During the period from April 18, 2018 to July 11, 2018, the Plaintiff paid KRW 2,214,710 in total under the name of G medical treatment and agreement for the driver of E vehicle.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's ground for claim

A. The FF vehicle that reported and stopped the instant instant primary accident was protruding the Plaintiff vehicle in the future due to the shock of the instant secondary accident, and due to the shock, the Plaintiff’s vehicle that was pushed back in the future. As such, the instant primary accident and the instant secondary accident are concurrent with that of the instant secondary accident, thereby causing injury to G, a driver of the instant vehicle, and thus, the Plaintiff’s and the Defendant’s driver are jointly liable to compensate for the damages incurred by G.

In light of all the circumstances of each accident in this case, it is reasonable to view the negligence ratio between the driver of the plaintiff vehicle and the driver of the defendant vehicle as 50:50.

B. Therefore, the defendant who entered into a motor vehicle mutual aid contract with the defendant vehicle shall be subject to insurance proceeds in the name of medical expenses and agreement.