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. Basic facts

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

B. At around 02:50 on September 30, 2017, the Defendant’s vehicle rapided the road of the 354-lane in the north-gu, Yongsan-gu, Yan-ro, the two-lane. The vehicle behind the Defendant’s vehicle did not avoid this, and the vehicle behind the Defendant’s vehicle did not shock the part of the lower part on the left-hand part of the Plaintiff’s vehicle, which was the front-hand part of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). C.

By November 20, 2017, the Plaintiff paid the insurance proceeds of KRW 3,073,110 to the medical expenses, etc. of Defendant vehicle C, who are the passengers aboard the instant vehicle, due to the instant accident.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 6 evidence, Eul's 1 through 5, the purport of the whole pleading, or the whole pleading

2. The assertion and judgment

A. The plaintiff asserted that the defendant vehicle's fault in the accident of this case is at least 40%, since the plaintiff's vehicle was at the intersection where the defendant vehicle was in the process of the accident of this case, and was at the speed of the defendant vehicle without any reason, and the vehicle was at the speed of the defendant vehicle due to the failure to avoid this accident.

In this regard, the Defendant asserted that the instant accident was caused by the total negligence of the Plaintiff’s vehicle, on the ground that the Defendant’s vehicle was accelerated at the location where the speed control car is installed and did not rapidly stop. However, the Plaintiff’s vehicle did not secure the safety distance, but neglected the duty of the front-time watching.

B. The following circumstances, i.e., Defendant vehicles, which can be acknowledged by comprehensively taking account of the overall purport of the arguments, as seen earlier, are at a speed exceeding the speed of the road of the instant accident.