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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. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).
B. On December 11, 2017, E, a driver of the Plaintiff’s vehicle, driven the Plaintiff’s vehicle and moved back to the front part of the Plaintiff’s vehicle, following the two-lanes of the F-do two-lane road in front of the Sung-gun, Sung-gun, Sung-do (hereinafter “instant road”) in front of the Gyeong-do (hereinafter “instant road”).
(hereinafter referred to as “instant accident”). C.
From December 28, 2017 to December 24, 2018, the Plaintiff paid KRW 23,221,040, agreed amount of KRW 38,524,270, and KRW 2,745,310, including future treatment expenses of KRW 23,745,310, to E who suffered from the instant accident in accordance with the instant car insurance contract according to the next accident security agreement.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff 1) The Defendant 1’s driver neglected the management of the Defendant 1, thereby obstructing the flow of normal traffic by stopping the Defendant 1 on the two-lanes of the instant road due to the breakdown of the vehicle. While the Defendant 1 stopped on the two-lanes of the instant road due to the breakdown of the vehicle, the Defendant 1 violated the obligation to install a safe triangulation line on the rear side of the Defendant 1. The Plaintiff 1’s vehicle did not avoid the Defendant 1 due to the breach of the duty of care. As the instant accident occurred due to the Plaintiff 23,221,040 won and the negligence (20%) of the Defendant 1’s driver, the Plaintiff 23,221,040 won, the Plaintiff 28,524,270 won, the agreed amount, and the future treatment expenses 2,00,000 won.
(e).