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 Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to B vehicle (hereinafter “Defendant vehicle”).

B. At around 12:50 on March 30, 2015, the Defendant vehicle stopped in order to board passengers at the 11th middle school by means of the new distribution of the Seocho-gu Seoul Seocho-gu Seoul, and the Plaintiff vehicle following the Defendant vehicle stopped to stop, and shocked the rear part of the Defendant vehicle into the front part of the Plaintiff vehicle.

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

On June 30, 2015, the Plaintiff paid KRW 11,250,000 as the repair cost of the Plaintiff’s vehicle by June 30, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, or the purport of the whole pleadings

2. The plaintiff asserts that the accident in this case occurred between the negligence of the plaintiff's vehicle, who was driven by himself, and the negligence of the defendant's vehicle, in order to take passengers on board without securing the duty and safety distance on the front side, and the negligence of the defendant's vehicle is 30%.

On the other hand, the defendant asserts that the accident of this case occurred by the whole negligence of the plaintiff's vehicle operated without securing safety distance, and thus, it cannot accept the plaintiff's claim.

Article 19 (1) of the Road Traffic Act provides that the driver of any motor vehicle shall, when the motor vehicle traveling behind the motor vehicle traveling in the same direction stops suddenly, secure a necessary distance to avoid any collision with the motor vehicle traveling ahead of it. Article 19 (4) of the Road Traffic Act provides that 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.

The above facts of recognition are examined.