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 entered into an automobile comprehensive insurance contract with C with respect to B vehicles (hereinafter “instant vehicle”).

B. At around 22:00 on May 17, 2014, the insured C’s fraud, driving the instant vehicle and driving the instant one lane in front of the locking Stick Stick Stick Stick Stick Stick Sticking Sticking Sticking Sticking Stacking the Defendant, from the left top of the Cheongdocccung, was shocking the Defendant (hereinafter “instant accident”), and the Defendant suffered from injury, such as the storming alley, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, or the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserts that the plaintiff of the parties concerned is not responsible for the failure of the defendant to perform his duty of care when the accident of this case occurred because the defendant intentionally exceeds the motorway, and only D does not have the duty of care to the case where the unauthorized Road gets to occur. As such, the plaintiff asserts that the defendant does not have the obligation of the plaintiff.

The defendant asserts that since the accident of this case occurred due to D's negligence, the plaintiff is obligated to pay 10 million won or more to the defendant the medical expenses under the proviso of Article 3 (1) 2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act.

B. Since Article 63 of the Road Traffic Act provides that pedestrians shall not pass or cross the motorway, a driver of a motor vehicle operating the motorway has no duty of care to drive the motor vehicle while preparing for the motor vehicle to allow pedestrians to pass or cross the motorway, except in extenuating circumstances.

Therefore, even if the driver causes an accident by shocking the victim who crosss a motorway, he can expect the driver to cross the motorway in advance at a reasonable distance.