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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement with C (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with D vehicles (hereinafter “Defendant”).
B. Around 17:40 on May 23, 2015, the Defendant: (a) driven the four-lanes of the Gando Highway, which is the five-lane speed near the Gandong of the Gannam-si, in the new quarter, in the direction of the death charging rest area at the new quarter; (b) driven the motor vehicle along the same direction as the Defendant’s motor vehicle in the three-lane; and (c) rocketing and the other motor vehicle driven the motor vehicle in the same direction as the Defendant’s motor vehicle; and (d) stopped the central separation zone through the two-lane and the one-lane following the collision with the Defendant’s motor vehicle.
C. At the time of the rocketing vehicle’s shocking the central separation zone, the car running along the said rocketing Highway does not conflict with the rocketing other vehicle. However, the Plaintiff’s vehicle, while driving at the same time as the front part of the Plaintiff’s vehicle, driven the front part of the vehicle while driving at the front part of the Plaintiff’s vehicle.
(hereinafter “instant accident”). D.
By September 15, 2017, the Plaintiff spent KRW 16,498,470 in total with the damages and litigation costs incurred by the car-generating vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Eul evidence 1 and 2 (in the case of additional numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the instant accident occurred when the Defendant: (a) shocked the vehicle in the future of the instant rocketing vehicle on an expressway; (b) caused the instant accident to stop after the instant vehicle was pushed to the left side of the vehicle; and (c) shocked the central separation zone; and (d) the responsibility of the instant accident is entirely the Defendant.