1. The part of the judgment of the court of first instance regarding the defendant's failure shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Determination as to the cause of claim

A. At the time of the instant accident, the Plaintiff’s insured vehicle (hereinafter “Plaintiff”) Plaintiff’s insured vehicle (hereinafter “Defendant”), the Defendant’s insured vehicle (hereinafter “Defendant”) at the time of the instant accident, as of September 17, 2017, at the time of the official residence on September 11:45, 2017, the Defendant’s insured vehicle (hereinafter “Defendant”), as of September 12, 2017, 431,00 won as the repair cost for the front portion of the Plaintiff’s insured vehicle (based on recognition), and the purport of the entire pleadings as a whole.

B. As long as a subsequent accident occurred with the Defendant due to the negligence of the driver of the Plaintiff vehicle, the negligence of the driver of the Plaintiff vehicle should be considered when determining the scope of sharing the liability for damages caused by the subsequent event in light of the ideology of the damage compensation system, namely, fair sharing of the damages.

(See Supreme Court Decision 2010Da28390 Decided August 17, 2012, etc.). Therefore, when determining liability for damages to the front portion of the Plaintiff’s vehicle due to the subsequent event between the original Defendant and the vehicle, the negligence of the driver of the Plaintiff vehicle should be considered. In light of the circumstances recognized earlier, etc., it is reasonable to view that “Plaintiff’s vehicle: Defendant’s vehicle” is “30%: 70%.”

On the other hand, the damage of the front part of the plaintiff vehicle combined with the previous accident and the subsequent accident. In light of the shock degree of each accident and the degree of damage of the front part of the plaintiff vehicle, it is reasonable to view that the degree of contribution of the subsequent accident to the previous part is 30%.

Therefore, barring special circumstances, the Defendant is obliged to pay the Plaintiff, who acquired by subrogation the right to claim damages against the Defendant, with KRW 12,431,00,00, multiplied by 70% of the Defendant’s liability ratio and 30% of its contribution ratio, and KRW 2,610,510 (=12,431,00 x 00 x 0.7 x 0.3) and damages for delay from November 25, 2017, which is the day following the payment of insurance money.