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 an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On August 31, 2016, around 16:05, the Plaintiff’s vehicle driven the road in the Gwanak-gu, Seoul Special Metropolitan City, the Gangnam-gu Seoul Special Metropolitan City, along the three-lanes in the direction of the air gate from the riverside to the air gate. While changing the two-lanes into the two-lanes, the Plaintiff’s vehicle shocked the part of the back part of the Defendant’s vehicle, which changed the lanes from the three-lanes to the two-lanes, with a view to avoiding on-and-off emergency lights from the emergency parking zone on the right side and changing the lanes from the three-lanes to the three-lanes of the vehicle.

(hereinafter “instant accident”). C.

On October 25, 2016, the Plaintiff paid KRW 8,970,000 to the total amount of the damage disposal insurance due to the Plaintiff’s impossibility of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 5, Eul evidence 1, Eul evidence 4-1 and Eul evidence 4-2, the purport of the whole pleadings

2. Determination as to the cause of action

(a) The driver of any motor vehicle shall maintain a distance necessary to avoid any collision with the motor vehicle running ahead of it in the same direction when the motor vehicle traveling ahead of it follows the motor vehicle traveling in the same direction;

(3) No driver of any motor vehicle shall change course when it is anticipated to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route.

(4) The driver of any motor vehicle shall apply the brakes in order to temporarily stop the motor vehicle or reduce the speed of the motor vehicle, except where he/she intends to prevent any danger and on the grounds of inevitability.