1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the Plaintiff’s B-owned vehicle (hereinafter “Plaintiff’s vehicle”), and the Defendant is an insurer who has concluded a mutual aid contract with the Defendant’s vehicle C (hereinafter “Defendant’s vehicle”), and the Defendant’s assistant intervenor is an insurer who has concluded the automobile insurance contract with the Defendant’s vehicle D (hereinafter “Nonindicted vehicle”).

B. On June 8, 2015, around 18:45, 2015, at the two-lane of the unmanned telecom, the front line of the Unmanned-gun, Chungcheongnam-gun, Chungcheongnam-do, the Defendant’s front line of the Unmanned-gun, shocked the front line of the Plaintiff’s front vehicle (hereinafter “instant accident”), and the shocked the front line of the Plaintiff’s front line of the vehicle, and the Nonindicted Party’s front line of the Plaintiff’s vehicle, shocked the front line of the vehicle.

C. On July 21, 2016, the Plaintiff paid KRW 35,610,000, which deducts KRW 200,000 of the Plaintiff’s automobile repair cost due to the instant accident, to A, the insured, and received KRW 25,10,000 from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 14, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion occurred due to the total negligence of Defendant’s vehicle that violated the safety distance and the duty of front-time watching. As such, the Defendant paid 35,610,000 won to the Plaintiff as repair cost, but paid 25,100,000 won to the Plaintiff. The Defendant sought payment of the remainder KRW 10,510,000 and delay damages.

B. (1) Article 19(1) of the Road Traffic Act provides that “When the driver of any motor vehicle follows another motor vehicle traveling in the same direction, the driver of any motor vehicle shall maintain a necessary distance to avoid any collision with the motor vehicle traveling ahead of it where the latter stops suddenly.”

In this case, the situation of the accident and the location of each vehicle, known by the evidence mentioned above, are in conflict with the situation of the accident in this case.