1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. As to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is the insurer who concluded each automobile insurance contract with respect to D truck (hereinafter “Defendant’s vehicle”).

B. Around 11:00 on June 16, 2018, the Plaintiff’s vehicle and the Defendant’s vehicle waiting for a stop signal on the river in the vicinity of the building, which is located in Busan, the Plaintiff’s vehicle was pushed down and the Defendant’s vehicle caused the shock of the part behind the Plaintiff’s vehicle (hereinafter “instant accident”), and due to the instant accident, the parts of the backer and the rear part of the Defendant’s vehicle were damaged.

C. On July 10, 2018 and July 11, 2018, the Plaintiff paid the insurance proceeds of KRW 836,700,00 in total with the repair cost of the Plaintiff’s vehicle, except for KRW 209,000,00.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's 1 through 4, 7, 8, Eul's statements, and Eul's 1 to 4, or the purport of the whole pleadings

2. Determination

A. According to the fact of the above recognition of the negligence ratio of the instant accident, since the driver of the Defendant’s vehicle has violated the duty of safe driving under Article 48(1) of the Road Traffic Act (the driver of any vehicle or tram shall accurately operate the steering gear, brakes, and other devices of the vehicle or tram), it is reasonable to deem that the instant accident occurred due to the unilateral negligence of the driver of the Defendant’s vehicle.

Therefore, the fault ratio of the driver of the Defendant vehicle in the instant accident is recognized as 100%.

B. The fact that the Plaintiff, the insurer of the Plaintiff vehicle, paid insurance proceeds of KRW 836,70,00 at the repair cost of the Plaintiff vehicle is as seen earlier. As such, the Defendant, the insurer of the Defendant vehicle, is exempted from liability for damages equivalent to 100% of the negligence ratio of KRW 836,700, and thus, the Defendant, the insurer of the Defendant vehicle, is in accordance with subrogation by the insurer under Article 682 of the Commercial Act.