1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer of the D vehicle owned by C (hereinafter “Plaintiff vehicle”), and the Defendant is a mutual aid business operator who has entered into a mutual aid agreement with the E vehicle (hereinafter “Defendant vehicle”).

B. On March 22, 2018, the Plaintiff’s vehicle driven the road front of the F shop in Kimpo-si, Kimpo-si and shocked the back part of the Defendant’s vehicle that was rapidly parked.

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

On May 24, 2018, the Plaintiff paid C the repair cost of KRW 2,424,540 to C with insurance proceeds.

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

2. The parties' assertion

A. Since the instant accident occurred due to the negligence of the driver of the Defendant’s vehicle who carried out a sudden stop without any justifiable reason after the Plaintiff entirely makes a bypass, the Defendant, who is the mutual aid business operator of the Defendant’s vehicle, is obligated to pay the Plaintiff the indemnity to the Plaintiff who paid the insurance money.

B. The driver of the Defendant vehicle, after bypassing the vehicle, was forced to stop a defect due to the vehicle’s entry of the next lane into his own lane. On the other hand, the Plaintiff vehicle entered the right lane from the right lane to the right lane and the instant accident occurred while entering the right lane. Thus, the Defendant vehicle driver was not negligent in the occurrence of the instant accident.

3. Determination

(a) When a driver of any motor vehicle following another motor vehicle traveling in the same direction stops suddenly, he/she shall maintain a necessary distance to avoid any collision with the motor vehicle traveling ahead of it (Article 19(1) of the Road Traffic Act), and the driver of any motor vehicle shall not make a sudden brake, such as sudden stop of the motor vehicle driving or reducing the speed of the motor vehicle, unless it is necessary to prevent any danger and other unavoidable circumstances (Article 19(4) of the Road Traffic Act).

It shows the overall purport of the pleadings in the video of the evidence No. 2, the calculation of the ratio of negligence.