The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

Claim:

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the driver of D Vehicle (hereinafter “Defendant Vehicle”).

B. Around 14:00 on December 1, 2017, the Defendant’s vehicle concealed the rear part of the Plaintiff’s vehicle that was driven ahead of the Plaintiff’s vehicle while driving on the road near Jinnam-si. 14:00.

(hereinafter “instant accident”). C.

By June 18, 2018, the Plaintiff paid KRW 2,755,00 for the repair cost of the Plaintiff’s vehicle (i.e., the total repair cost of KRW 21,370,00 for the remainder - KRW 7,850,00 for the sale price of the remainder - KRW 10,765,00 for the return due to the liability insurance subscribed by the Defendant) and KRW 4,874,890 for the medical expenses of E boarding the Plaintiff’s vehicle and agreed amount of KRW 12,430,780 for the total amount of KRW 7,629,890 for the liability insurance subscribed by the Defendant (excluding KRW 7,55,890 for the returned amount of KRW 2,75,00 for the liability insurance subscribed by the Defendant).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings

2. Determination

A. According to the evidence and basic facts mentioned earlier, the Defendant’s vehicle caused the instant accident due to negligence that could not maintain the safety distance with the Plaintiff’s previous vehicle in operation, and thus, it is determined that the instant accident was caused by the total negligence of the Defendant’s vehicle.

B. In the instant case where the Plaintiff, the insurer of the Plaintiff’s vehicle that caused the Plaintiff’s right to indemnity, can exercise the Plaintiff’s damage claim on behalf of the Plaintiff pursuant to Article 682(1) of the Commercial Act, and the negligence of the Defendant’s vehicle is deemed to be 100%, the amount of the Plaintiff’s claim on behalf of the Defendant is KRW 7,629,

C. Accordingly, according to the theory of lawsuit, the Defendant is liable for reimbursement to the Plaintiff, and the Civil Act is applicable from June 19, 2018 to June 11, 2019, the delivery date of the copy of the instant complaint, which is the day following the Plaintiff’s final payment date of insurance proceeds.