The judgment of the first instance court is revoked, and the plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

the purport and purpose of the claim;

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the D vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to the vehicle E (hereinafter “Defendant”).

B. On March 17, 2017, 01:00, the Plaintiff’s vehicle was driven along a two-lane of the exclusive road near the Seoul Manwon-dong and was stopped, and thereafter, the Defendant’s vehicle, who was driven in the latter part of the Plaintiff’s vehicle, was on board the Defendant’s vehicle by shocking the rear part of the Plaintiff’s vehicle.

F. He suffered injury (hereinafter referred to as “instant accident”). C.

By April 28, 2017, the Plaintiff paid the insurance proceeds of KRW 421,680 as the medical expenses of F in relation to the instant accident.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including branch numbers) and the purport of the whole pleadings

2. Determination:

A. The following circumstances, which can be recognized by comprehensively taking account of the facts on the basis of the judgment regarding the right to indemnity and the evidence and the purport of the whole opinion of the change, namely, the point at which the instant accident occurred is an exclusive road and prohibited from stopping in principle (Article 64 of the Road Traffic Act). In the situation where a vehicle with a large number of vehicles at night at the time of the instant accident is proceeding at a rapid speed, the Plaintiff’s vehicle tried to change its course into one lane without due care in the traffic situation after rapid decline from the two lanes. At the time, the Plaintiff’s vehicle stopped from the two lanes, and there was an urgent reason to change its course into one lane after the Plaintiff’s vehicle stops from the two lanes.

In addition, it is difficult to expect that the Defendant vehicle driver who has driven a one-lane road running along which a large number of vehicles pass at night at the rapid speed is likely to change course into one-lane, and it is difficult to expect to prepare for the change of course in the two-lane. In addition, the background of the accident in this case, the degree of collision, and the degree of damage.