1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with C (hereinafter “Defendant”) with respect to the vehicle B (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded each automobile insurance contract with C (hereinafter “Defendant”).

B. Around 08:20 on December 14, 2012, the driver of the Plaintiff’s vehicle, while going straight along the two lanes near the long-term road in the street of the city of Kimpo-si, was shocking by the front side of the operation of the D vehicle, which was stopped on the front side of the front side of the D vehicle and stopped on the front side in the process of checking the status where many vehicles are stopped due to ice ice ice dice sckeing in the front side of the front side of the D vehicle.

(이하 ‘1차 사고’라 한다). 그런데 위 도로 2차로를 따라 원고 차량의 후행에서 진행하던 피고 차량 운전자가 피고 차량으로 원고 차량의 후미 부분을 충격하여 원고 차량은 앞으로 튕겨져 나가면서 위 D 차량 및 2차로 전방에 정차하고 있던 E 차량을 충격하였다(이하 ‘2차 사고’라 한다). 다.

From December 31, 2012 to July 24, 2013, the Plaintiff paid KRW 19,014,000 to the repair cost, etc. of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the defendant is obligated to pay the amount equivalent to the damages incurred by the second accident of this case to the plaintiff who exercises the right to indemnity within the extent of the insurance money paid by subrogation of the insurer under Article 682 of the Commercial Act, unless there are special circumstances.

B. The defendant's defense and judgment (1) The defendant asserted that the plaintiff's claim for indemnity against the defendant was filed three years after the second accident of this case, and that the extinctive prescription has already expired.

(2) Article 682 of the Commercial Act, which determines, takes place by an act of a third party.