1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. In fact, the Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A two-wheeled vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant”).

Around 14:20 on September 24, 2015, the driver of the Defendant’s vehicle driven the Defendant’s vehicle into the intersection without reducing the speed and driving the two-lanes on the left side of the Defendant’s vehicle, which is located in the middle-gu Seoul Metropolitan Government C, from the enclosed basin to the direction of drinking slope. The driver discovered the vehicle that attempted to change the lanes from the three-lanes immediately before entering the intersection in front of the front road to the two-lanes in order to avoid a collision, and passes through the vehicle at a reduced speed, and entered the intersection. The Plaintiff’s vehicle following the Defendant’s vehicle did not drive the said vehicle into the intersection without reducing the speed, and the part on the back side of the Defendant’s vehicle, which reduced the speed as above, turned into the front side of the Defendant’s vehicle to the right side of the Plaintiff’s vehicle.

As a result of the instant accident, E, the passenger of the Plaintiff’s vehicle, was injured, and the Plaintiff paid insurance proceeds of KRW 17,728,060,060, out of the medical expenses of E, until May 9, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number for those with several numbers), Eul evidence Nos. 1 through 3, or the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred not only by the negligence of the Plaintiff’s driver who did not secure the safety distance with the previous vehicle but also by the negligence of the Defendant’s driver who stopped in the intersection. The Defendant’s liability ratio for the instant accident caused by the negligence of the Defendant’s driver shall be deemed to reach 40%, and the Defendant is obliged to pay the Plaintiff the amount equivalent to the above 40% of the insurance money paid by the Plaintiff as the indemnity amount, and the damages for delay.

3. Comprehensively taking account of the overall purport of the evidence as seen above.