1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

purport.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is a mutual aid operator who has entered into a mutual aid agreement with B (hereinafter “Defendant”) on the vehicle B.

B. On February 5, 2015, at around 00:55, the Plaintiff’s vehicle changed the lane from one to two lanes in the five-lanes in the Olympic Winter, as the Seoul Gangnam-gu bankruptcy, to the two-lanes, and subsequently reduced the speed to avoid contact with the Non-Party’s motor vehicle driving at the three-lanes. The Non-Party’s vehicle driving at the two-lanes in the margin was reducing the speed in response to the change and speed of the Plaintiff’s vehicle. However, the Defendant’s vehicle driving at the front side of the Non-Party’s vehicle was driven without securing the safety distance, while driving the vehicle while driving the vehicle at the front side of the Non-Party’s vehicle, and the Non-Party’s vehicle was pushed back due to the shock, and thus, the accident occurred. (hereinafter “instant accident”).

C. On June 8, 2015, the Plaintiff paid KRW 11,325,00 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3 (including branch numbers, if any) or video, the purport of the whole pleadings

2. The accident of this case, as recognized earlier, was caused by Non-Party 1, prior to the Defendant’s failure to secure the safety distance. Thus, the error of failure to secure the safety distance of the Defendant’s vehicle is the main cause of the accident of this case.

However, in light of the following circumstances acknowledged by the aforementioned evidence and the purport of the entire pleadings, namely, the urban expressway at which vehicles run at a considerable speed, the location and time of the accident was an urban expressway at the night, and the Plaintiff’s vehicle was making a stop after sudden reduction in the speed above, the vehicle’s reduction as above.