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. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded each automobile insurance contract with respect to the vehicle B (hereinafter “Defendant vehicle”).

On February 7, 2016, around 05:34, the Defendant’s vehicle driven the five-lanes of the Nowon-gu Seoul Metropolitan Autonomous Highway (hereinafter “instant road”) from the front line of the Defendant’s vehicle, which stopped due to the vehicle’s well in the front line at the same lane. The lower part of the back part of the Plaintiff’s vehicle stopped on the front line of the same lane was shocked with the front line of the Defendant’s vehicle.

(hereinafter “instant accident”). At the time of the instant accident, the driver C and the passenger D were aboard the Plaintiff’s vehicle.

On April 26, 2017, the Plaintiff paid KRW 235,150 for medical expenses and KRW 224,460 for D’s medical expenses as insurance proceeds.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1 to 3, Eul evidence 2-1 to 2, Eul evidence 2-1, Eul evidence 3-1 to 3, Eul evidence 1-2, Eul evidence 2-4 and 5-4 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant’s driver, and due to the said accident, C and D sustained bodily injury. Therefore, the Defendant, the insurer of the Defendant’s vehicle, is obliged to pay the Plaintiff the total amount of the insurance money paid by the Plaintiff and the amount equivalent to the delay damages.

B. The Defendant’s assertion that the instant accident occurred is a minor accident, and it cannot be deemed that C and D suffered an injury due to the instant accident.

C. The following circumstances, which can be acknowledged by adding the evidence as mentioned above, such as the occurrence of the right of indemnity 1, that is, even if the accident at the time of the accident in this case did not specifically obstruct the view, the driver of the defendant vehicle did not see the plaintiff vehicle under the stop properly and shock it. The road at the point of the accident in this case is the road in this case.