1. The defendant's appeal is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract that includes a special agreement on coverage by an non-insurance motor vehicle (hereinafter “special agreement on non-insurance coverage”) with respect to D motor vehicles (hereinafter “Plaintiff-motor vehicle”), and the Defendant is a driver of the E-motor vehicle (hereinafter “Defendant-motor vehicle”).

B. At around 13:00 on August 5, 2018, the Defendant received the rear part of the Plaintiff’s vehicle parked in accordance with the stop signal on the roads near the G principal school located in Gangdong-gu Seoul Metropolitan Government F, and suffered each injury from the Plaintiff’s driver, passenger, H, I, and J.

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

Until December 21, 2018, the Plaintiff paid 2,561,340 won to H, 1,026,730 won to I, and 6,197,070 won to J as the insurer of the Plaintiff’s vehicle (the amount returned from K Co., Ltd., the liability insurer of each Defendant vehicle), respectively, as the personal compensation (the amount returned from K Co., Ltd., the liability insurer of each Defendant vehicle).

[Reasons for Recognition: Facts without dispute, Gap evidence, Gap evidence No. 1, Gap evidence No. 2, purport of whole pleadings]

2. Assertion and determination

A. Comprehensively taking account of the facts found in the Plaintiff’s assertion, it is recognized that the instant accident occurred from the Defendant’s gross negligence behind the Plaintiff’s vehicle stopped according to the suspension signal.

Therefore, the defendant is liable to compensate H, I, and J for the damages caused by the instant accident, and the plaintiff is exempted from its liability by paying the insurance proceeds, and thus, the plaintiff is obligated to pay the indemnity to the plaintiff.

B. The Defendant’s assertion 1) The Defendant’s assertion that the Defendant received much more insurance money than H even though it falls under Class 12 of the injury grade as H. Therefore, since the part exceeding KRW 2,561,340 of the insurance money paid to J out of KRW 6,197,07,070 exceeds the insurance amount paid to H was paid excessively, the Plaintiff’s claim for reimbursement amount corresponding to the above excessive insurance amount is without merit. (2) The Plaintiff’s claim for reimbursement amount corresponding to the above excessive insurance amount is without merit.