1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. The Plaintiff is an insurer who has concluded a motor vehicle mutual aid agreement with C (hereinafter “Plaintiff”) and the Defendant is an insurer who has concluded a motor vehicle insurance contract with D (hereinafter “Defendant”).

나. 원고차량은 2016. 11. 2. 00:30경 경부고속도로 하행선 편도 5차선 도로의 1차로를 양재 IC 방면에서 대왕판교 IC 방면으로 진행하던 중, 선행 교통사고의 충격으로 인하여 전방에 역방향으로 정차 중이던 피고차량 좌측 전면 부위를 충격한 후, 튕겨나가 2차로에서 진행하던 버스와 재차 충돌하였다

(hereinafter referred to as “instant accident”). C.

The Plaintiff’s vehicle was scrapped due to the instant accident, and the Plaintiff paid KRW 5,840,000 to E, who is the owner of the Plaintiff’s vehicle, according to the standard depreciation residual ratio issued by the F organization, and paid KRW 330,000 to the towing enterprise, and returned KRW 450,000 to the remainder.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 12 (including branch numbers), Eul evidence Nos. 1 and 2, Gap evidence Nos. 12, Eul evidence Nos. 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 in the evidence as to the cause of the claim, namely, while the defendant vehicle was driven normally along the five-lanes of the road in which the accident occurred, from the G vehicle changing from the four-lanes to the five-lanes of the road (hereinafter “aggressing vehicle”) to the left-hand back end part of the vehicle, and stopped in the direction of the first lane. The foregoing preceding accident occurred on an expressway at night, and the shock of the preceding accident occurred at night. Since the defendant vehicle was stopped in the reverse direction, the driver of the defendant vehicle was at a safe place.