1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. The circumstances surrounding the instant accident are as follows.

At the time of the accident, on January 31, 2018 at the time when the insured vehicle C (hereinafter “Plaintiff”) of the Defendant Insured Vehicle C (hereinafter “Defendant Vehicle”) was insured vehicle D (hereinafter “Defendant Vehicle”) and around January 22:20 on January 31, 2018, the Plaintiff vehicle runs one lane between the two-lanes of the two-lanes at the time of the collision of points 24.5km at the time of the Youngcheon-si Port Highway at the time of the accident.

On the left side side, the primary accident that shocks the centralized separation zone has been caused, and the driver of the vehicle stops in a state that the center separation zone has been rhyd (the driver of the vehicle) and the defendant vehicle has a single-lane.

The payment of the insurance proceeds for the second accident that leads to the second accident that leads to the back of the Plaintiff’s vehicle on February 23, 2018 shall be paid KRW 23,530,000 due to the total damages of the Plaintiff’s vehicle.

B. Of the insurance money paid by the Plaintiff, the amount equivalent to the repair cost due to the destruction of the parts of the Plaintiff’s vehicle after the Plaintiff’s death is KRW 13,608,870.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Determination

A. In full view of the following circumstances, the instant accident may be deemed to have occurred by the negligence of the driver of the original Defendant vehicle, taking into account the evidence set forth in subparagraph 1 and the evidence set forth in subparagraph 8 as a whole.

① The Plaintiff’s vehicle was stopped on a one-lane, which is an overtaking vehicle, and the Plaintiff’s driver left the scene of the accident without any sign identifying that the vehicle is a broken-down vehicle.

② Unlike ordinary roads, it is difficult to anticipate that a vehicle is under the parking or stopping on an expressway, and in particular, the instant accident occurred at night in a place where no streetlight is installed, and the front view of the driver of the Defendant vehicle was considerably limited.

③ 그렇다고 하더라도 당시 원고차량은 우측 방향지시등을 켠 채 비스듬히...