1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with A and B (hereinafter “Plaintiff”) and the Defendant is the insurer who has entered into an automobile insurance contract with C (hereinafter “Defendant”) with respect to the vehicle.

B. A, around 18:00 on April 8, 2017, driven the Plaintiff’s vehicle, and driven the Plaintiff’s vehicle into the front section of the vehicle located in the front section of the road located in the south-dong, Gangnam-gu, Seoul, the Gangnam-gu, Seoul, along with the second line of the vehicle located in the front section of the road located in the front section. The Defendant following the Defendant’s vehicle, which followed the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On May 12, 2017, the Plaintiff paid KRW 130,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of the whole pleadings

2. The following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the arguments, namely, ① according to the black stuff image of the Defendant vehicle, the vehicle was driven by the Plaintiff from about five seconds before the occurrence of the instant accident, ② the front section of the Plaintiff vehicle was in front of the vehicle, and there was no vehicle driving on the left side of the Plaintiff vehicle. ③ Nevertheless, the Defendant vehicle overtakings on the left side of the Plaintiff vehicle to the left side of the vehicle, and collisions the Defendant vehicle behind the left side of the Defendant vehicle, without securing a sufficient safety distance, is reasonable to deem that the instant accident occurred due to the former fault of the Defendant vehicle that attempted to overtake the Plaintiff vehicle without securing a sufficient safety distance with the previous vehicle.

이에 대하여 피고는, 원고 차량이 이 사건 사고 직전에 진입로를 잘못 판단하여 멈칫거리다가 급제동하였고 원고 차량의 좌측 브레이크등이 고장 난 상태여서 피고 차량 운전자가 원고...