1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

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 an insurer who has entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant”).

B. C, around 8:50 on February 7, 2014, driven the Plaintiff’s vehicle and was going straight along two lanes from the East Sea Highway along the strong direction. However, the Defendant’s driver driving the Defendant’s vehicle and driving the vehicle directly along the same direction.

The driver's seat of the defendant vehicle was set off in front of the plaintiff vehicle, and it was stopped in the form that the rear side of the defendant vehicle reaches the side side of the two-lane right side.

C. C is above B.

As in the same paragraph, the Defendant vehicle tried to report and operate a vehicle with two lanes above the two-lanes from the first lane, but it was difficult to reduce the snow path, and the Defendant vehicle did not have the right-hand part of the front part of the Defendant vehicle, with the front part of the right-hand part of the Plaintiff vehicle, at the end of stopping after shocking the retaining wall.

(hereinafter “instant accident”). D.

On April 24, 2014, the Plaintiff paid KRW 6,364,00 as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Evidence Nos. 1-1, 2, and 4-1, Gap evidence No. 3, Gap evidence No. 2, part of Gap evidence No. 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred due to the Plaintiff’s total negligence on the part of the Defendant’s driver, since the Defendant’s vehicle was dissatisfed on the snowway due to the Defendant’s failure to perform the duty of care, even though the Defendant’s driver should drive the instant accident with due care to prevent heavy snow on the road, and thus, the Defendant is obliged to pay the Plaintiff the full amount of the insurance money paid 6,364,000 won and damages for delay.

B. The road is due to heavy snow at the time of the Defendant’s assertion.