1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).

B. At around 11:40 on May 6, 2018, the Defendant’s vehicle driven along a two-lane road at a point of 309 km along the front of the Defendant’s vehicle, which is the front side of the right side of the Defendant’s vehicle. However, the vehicle discovered that the vehicle was driven on the front side of the road and continued to stop in order. In the process, the vehicle turned down into the front side of the Defendant’s vehicle while driving on the two-lanes on the front side of the right side of the Defendant’s vehicle. In that process, the left side of the Plaintiff’s vehicle driving along the two-lanes on the front side of the right side of the Defendant vehicle.

(hereinafter referred to as “first accident”). (c)

Plaintiff

The vehicle was turned back to 180 degrees due to the first accident, and the driver of the plaintiff vehicle immediately driven ahead of the left side of the plaintiff vehicle while driving the vehicle immediately, and thereafter, the driver of the plaintiff vehicle shocked the back side of the defendant vehicle at a rapid speed of about 900 meters.

(hereinafter referred to as “the second accident”) d.

On May 31, 2018, the Defendant paid insurance proceeds equivalent to KRW 4,826,500 for the repair cost of the Plaintiff’s vehicle due to the first accident. On August 10, 2018, the Plaintiff paid insurance proceeds equivalent to KRW 3,215,800 for the repair cost of the Plaintiff’s vehicle due to the second accident.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 7, Eul evidence 1 to 3, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion that the second accident occurred in the course of the plaintiff's operation of the first accident because the second accident occurred in the course of the plaintiff's operation of the second accident, which would not control the first one's own brake system. Thus, the defendant is obligated to pay 3,215,800 won and damages for delay paid to the plaintiff due to the second accident, and the defendant is obligated to pay 3,215,800 won and damages for delay.