1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

[Claim]

1. Facts of recognition;

A. The Plaintiff is a company that owns and manages C vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer of D vehicle (hereinafter “Defendant vehicle”).

B. The following are the developments leading up to the accident (hereinafter “instant accident”).

Plaintiff

On October 28, 2018, around 03:35, October 28, 2018 at the time of the day D Vehicle C for the defendant vehicle, the defendant vehicle in the situation of the collision, which the plaintiff vehicle left as one lane on the side while stopping on the side as the Olympic Games, has no dispute over the latter part of the plaintiff vehicle [based on recognition], Gap evidence 1 through 10, Eul evidence 1, and Eul evidence 1, 3 through 6, and the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. According to the above fact of recognition of liability, the defendant is liable to compensate the damage suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

B. (1) The plaintiff's assertion that the accident in this case occurred due to the total negligence of the driver of the defendant's vehicle, since the plaintiff's vehicle stopped on the side side of the Olympic Games for emergency oil and took emergency measures by installing a triangulation, etc.

In this regard, the defendant asserts that the accident of this case occurred with the wind that the plaintiff's vehicle stops along the lane of the first lane, and the negligence of the driver of the plaintiff vehicle should also be considered.

(2) The following circumstances, which can be recognized by comprehensively considering the overall purport of the pleadings in each evidence and image as seen earlier, namely, ① the place where the instant accident occurred, as the Olympic Games, the Plaintiff’s vehicle stops along several lanes, ② the instant accident occurred due to the shock of the back portion of the Plaintiff’s vehicle while Defendant’s vehicle driving at the same time, and ③ the driver of the Plaintiff’s vehicle, respectively.