The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revocation shall be dismissed.

1. Summary of grounds for appeal;

A. In the event of a tobacco-related drilling incident, each insurance company share the repair cost in the way that each insurance company bears the rear part of the front vehicle damaged by the vehicle insured by the insurance company. Accordingly, the Defendant paid 20,136,880 won to the Plaintiff company, which was stopped in front of the vehicle insured by the Defendant company (hereinafter “Defendant vehicle”) (hereinafter “Plaintiff vehicle”).

Nevertheless, the plaintiff claims 8,151,000 won out of 16,302,00 won paid at the repair cost of the front portion of the plaintiff's vehicle as the compensation amount to the defendant. This is unfair in violation of commercial practice among insurers or the principle of good faith and good faith. Thus, the defendant cannot pay the compensation amount.

B. If the Defendant is granted the obligation to pay indemnity related to the repair cost for the front portion of the Plaintiff’s vehicle, the amount equivalent to the ratio of the Plaintiff’s vehicle’s fault (30%) among the repair cost for the rear portion of the Plaintiff’s vehicle already paid by the Defendant should be deducted.

2. Determination:

A. As to the non-existence of the obligation to pay the indemnity, there is a commercial practice between the insurance companies as asserted by the Defendant, even if considering the evidence submitted by the Defendant in the first instance trial on the evidence presented by the Defendant.

No circumstance exists to deem that the plaintiff's claim for the payment of indemnity violates the principle of good faith, and there is no other evidence to acknowledge it.

The defendant's above assertion is without merit.

B. As to the assertion of mutual aid, the fact that the repair cost for the front part of the Plaintiff’s vehicle is KRW 16,302,00, and the rear part repair cost is KRW 20,136,800 does not conflict between the parties. Of the repair cost for the front part, the degree of contribution between the “prior accident occurred by the Plaintiff’s vehicle due to the towing of the front vehicle” and “the Defendant’s vehicle due to the towing of the Plaintiff’s vehicle is equal to 50%, respectively.