1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

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

1. Basic facts

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

B. On April 13, 2017, around 10:0, at the point of 174 km from the starting point of Gwangju-Tgu Highway located between Daegu-gun-si Highway located, the Plaintiff’s vehicle driven at a speed of about 79 km per hour depending on the third line of the said expressway. On the said third line, the lower part of the Defendant’s vehicle driving ahead of about 15.7 km along the said third line was concealed into the front part of the Plaintiff’s vehicle, thereby causing a traffic accident that causes damage to the said wall (hereinafter “instant accident”).

C. On July 3, 2017, the Plaintiff paid KRW 1,570,000 as repair cost of the above protective wall.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence (including paper numbers), Eul 1 through 6 evidence, Eul 8's images and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff asserts that the accident in this case occurred due to the sudden reduction of the defendant's vehicle without any justifiable reason, such as the vehicle's body, and the fault of the defendant's vehicle occurred due to the low speedless negligence. The plaintiff asserts that the negligence of the defendant's vehicle should be assessed at least 40%.

(2) 이에 대하여 피고는, 피고 차량은 급감속을 한 것이 아니고, 오르막길을 주행하면서 고속 주행이 불가능해서 3차로에서 비상점멸등을 켠 채로 정상적으로 운행하였으므로 피고 차량의 과실은 없고, 이 사건 사고는 원고 차량 운전자가 전방주시를 태만히 한 전적인 과실로 발생하였다고 주장한다.

B. The following circumstances revealed by the evidence as seen earlier, namely, ① the Defendant’s vehicle at the time of the instant accident was operated under the speed of 15.7 km per hour, but is not a sudden reduction, and is also a video display.