1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to the B Poter II Cargo Vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the Dbong III and 1 ton of freight loading vehicles owned by C (hereinafter “Defendant vehicle”).

B. At around 22:30 on April 19, 2017, E was driving the Defendant’s vehicle and proceeded at a speed of about 70-80km at a speed of about 70-80km in speed, depending on the three-lanes near both villages and Incheon in the direction of the 4rd road in the direction of Ansan City, Annsan City, the number of persons operating the Defendant’s vehicle, and then coming to the left side of the Defendant’s front side after the Plaintiff’s driver’s vehicle, who stopped on the right side of the four-lane and stopped on the side of the four-lane road.

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

The Plaintiff paid KRW 18,270,000 to A with insurance proceeds from the instant accident.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was caused by the driver’s stroke driving of the Defendant’s vehicle. Thus, the Plaintiff’s assertion was caused by the driver’s unilateral negligence.

Therefore, the Defendant, who is the insurer of the Defendant’s vehicle, is liable for damages arising from the instant accident to A, who is the owner of the Plaintiff’s vehicle, and the Plaintiff acquired the damage claim against A pursuant to Article 682 of the Commercial Act by paying KRW 18,270,00 to A for repair costs, etc. due to the instant accident. As such, the Defendant is obliged to pay the Plaintiff the indemnity amount of KRW 18,270,000 and the delay damages therefrom.

B. With respect to the instant accident alleged by the Defendant, the Plaintiff’s vehicle was negligent in stopping the vehicle on the side of the expressway without taking any particular safety measure at night, and the negligence of the Plaintiff’s vehicle is also the negligence.