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. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with respect to A Eub Vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive motor vehicle insurance contract with respect to B (hereinafter “Defendant”).

B. On January 28, 2017, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle at around 16:29, while driving the Plaintiff’s vehicle and driving the two-lane to the front side of the Plaintiff’s previous vehicle on the wind that the front side of the previous vehicle stopped by transferring the two-lanes from the front side of the front side of the front side of the front vehicle (hereinafter “the first accident”), the latter part of the Defendant’s vehicle driven the front side of the Defendant vehicle (hereinafter “the second accident”). C.

Due to the above accidents, the Plaintiff’s vehicle was treated as total damages, and the Plaintiff paid the Plaintiff’s insured amount of KRW 22,970,000 with total damages (=standard value of KRW 26,980,000 - remaining goods deduction cost of KRW 4,010,00) to the Plaintiff’s insured.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 6, 7, Gap evidence 2-1, Gap evidence 8-1, 8-2, Gap evidence 2-2, Eul evidence 2-2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the parties’ assertion is (i) the second accident in which the driver of the Defendant vehicle neglected to keep the safety distance after the first accident, following the shocking of the front vehicle operated by the Plaintiff vehicle, while driving the vehicle without complying with the safety distance, and the driver of the Defendant vehicle shall be liable for the second accident at least 50% of the second accident.

The plaintiff paid 22,970,000 won to the insured of the plaintiff vehicle with the total loss insurance money, thereby acquiring the right to claim damages against the insured driver of the vehicle by subrogation of the insurer under Article 682 of the Commercial Act.

Therefore, the defendant, who is the insurer of the defendant vehicle, shall be the plaintiff.