1. The plaintiff's appeal is dismissed.

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

The purport and purport of the appeal [the purport of the appeal]

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to CK5 vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to D vehicles (hereinafter “Defendant vehicle”).

B. On July 26, 2019, E driving the Plaintiff’s vehicle at around 22:45, and driving it over the two-lanes of the two-lanes of the Articles of Incorporation located in 108-5, i.e., a white-ro, the front right side of the Plaintiff’s vehicle, leading the two-lanes of the two-lanes of the two-lanes of the two-lanes of the Articles of Incorporation located in Busan-gun, i.e., a white-ro, and turned back to the front side of the Plaintiff’s vehicle and stopped the Plaintiff’s vehicle in the reverse direction (hereinafter “first-lane accident”).

The driver of the Defendant’s vehicle who stops the said one lane on the front side of the Plaintiff’s vehicle, which caused the preceding accident while driving along the said road, shocked the front part of the Defendant’s vehicle with the front driver (hereinafter “instant accident”).

As the estimated repair cost of the Plaintiff’s vehicle exceeds the value of the vehicle, the Plaintiff handled the Plaintiff’s vehicle by total loss and paid KRW 11,260,000 to the owner of the Plaintiff’s vehicle on August 9, 2019, and returned KRW 1,594,00 to the sale price of the remainder on August 13, 2019.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion that the instant accident occurred as the primary cause for the Defendant’s driver’s violation of the duty of care on the frontway, and the Defendant’s driver bears 50% responsibility for the damages of the Plaintiff’s vehicle.

Therefore, in accordance with the legal doctrine on subrogation of the insurer under Article 682 of the Commercial Act, the Defendant is obligated to pay to the Plaintiff the amount of KRW 4,83,00 for indemnity (=(11,260,000 - 1,594,00) x 50%) and delayed damages.

(2) The Defendant’s instant accident does not take any safety measures after the occurrence of the preceding accident and is therefore the Plaintiff’s vehicle.