1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The circumstances leading to the instant accident are as follows.

At the time of the accident, the insured vehicle (hereinafter referred to as "Plaintiff vehicle") shall be the insured vehicle.

Defendant’s insured vehicle (hereinafter referred to as “Defendant’s vehicle”).

C On December 8, 2017, around 18:38, 2017, at the 15:20,98,00 won (as of the final payment date, January 4, 2018), self-security vehicle damage [based on recognition] in the absence of any dispute, Gap evidence 1, Gap evidence 2, Gap evidence 5, Gap evidence 8, Eul evidence 8, Eul evidence 2, Eul evidence 2 (including the provisional number), Eul evidence 2, Eul evidence 2 (including the provisional number), and Eul evidence 2 (including the provisional number). The purport of the whole pleadings is as follows.

2. Determination

A. According to the evidence of the Plaintiff’s vehicle and the Defendant’s driver’s fault ratio, the instant accident occurred due to the Defendant’s failure to perform his duty of care at the time of front-down, and due to the negligence of the Plaintiff’s vehicle and the Defendant’s driver’s negligence.

Therefore, it is reasonable to deem that the accident in this case occurred by the principal negligence of the defendant driver.

However, according to Article 66 of the Road Traffic Act and Article 40 of the Enforcement Rule of the Road Traffic Act, when the driver of a motor vehicle becomes unable to drive a motor vehicle on an expressway, etc. due to breakdown or other reasons, the driver of the motor vehicle shall install a safety triangulation line (including a safety triangulation line manufactured to meet the standards prescribed and publicly notified by the Minister of Land, Infrastructure and Transport pursuant to Article 6 of the Addenda to the partial Amendment of the Rules on the Performance and Standards of Motor Vehicles and Parts of Motor Vehicles (Ordinance No. 386) and attached Table 30-5 of the Enforcement Decree of the Motor Vehicle Management Act at a location visible by the driver of the motor vehicle approaching the intersection, etc., and all directions at night.