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. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On April 6, 2016, at around 19:40, the Plaintiff’s vehicle stopped in order to change the way from three lanes to two lanes in front of the Yannam-gu, Yandong-dong, Yannam-gu, Yannam-do Museum of Yancheon-dong to a stop signal, and the Defendant’s vehicle, which is the latter driving vehicle, was shocked by the following part of the Plaintiff’s vehicle.

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

On June 22, 2016, the Plaintiff paid KRW 408,300 as insurance money at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, or the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred due to the total negligence of the driver of the defendant vehicle. Thus, the defendant asserts that the plaintiff should pay the insurance money of 408,300 won and damages for delay paid by the plaintiff as compensation amount.

In this regard, the defendant asserts that the accident of this case is caused by the replacement of the plaintiff vehicle's sudden failure, and that the negligence of the defendant vehicle in relation to the accident of this case is less than 10%, and thus, the defendant cannot respond to the part exceeding the defendant's negligence in the plaintiff'

B. In light of the following factors: (a) the Defendant’s rate of fault in relation to the instant accident; (b) the background and degree of the instant accident; (c) the collision part and degree of the original Defendant’s vehicle; and (d) the final stop location of the vehicle; and (b) the instant accident was caused by the Defendant’s vehicle driving the Plaintiff’s vehicle to the three-lanes of the third-lane road; and (c) the Defendant’s vehicle driving the vehicle to the two-lanes after changing the two-lanes to the two-lanes; (d) but (e) the vehicle parked to the two-lanes.