The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. The Plaintiff, as an insurer, entered into an insurance contract for heavy equipment safety insurance (relic damage security) with respect to D dump trucks (hereinafter “Plaintiff vehicles”) which are the subject matter of insurance, and the Defendant is an insurer who entered into an insurance contract for E dump trucks (hereinafter “Defendant vehicles”).

B. On September 19, 2018, the Defendant vehicle, along the two-lanes near the F-gun, Gyeongnam-gun, Gyeongnam-gun, the two-lanes of the two-lane road repair work, conflict between the upper end of the driver’s seat of the Plaintiff vehicle and the upper end of the Defendant vehicle, which were on the two-lane road repair work site.

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

On June 28, 2019, the Plaintiff paid KRW 10,000,00 (the self-charges of KRW 10,000,000) as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Evidence Nos. 1 through 9, Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff asserts that the instant accident occurred due to the total negligence of the Defendant’s vehicle, as the Plaintiff’s vehicle, which was performing the construction of the road package at the time of the instant accident, left the scene of the accident without taking any measure after the Defendant’s shock.

(2) At the time of the instant accident, the Defendant asserted that the instant accident occurred due to the negligence on the part of the Plaintiff’s vehicle, since the Defendant was driving ahead of the construction section, but the Plaintiff’s vehicle was faced with the Defendant’s vehicle while driving ahead of it.

B. In light of the situation of the instant accident and the location of each vehicle and the conflict level, etc., the instant accident does not occur while the Plaintiff’s vehicle was stopped, but rather the Plaintiff’s vehicle was negligent in performing the duty of care for the post-stopping, which led to the shock of the Defendant’s vehicle.