1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to Bi40 vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to D low-priced vehicles owned by C (hereinafter “Defendant vehicle”).

B. On May 12, 2017, at around 21:23, A driven the Plaintiff’s vehicle, driving the national highway No. 34 near the 217-33 in Seoan-gu, Seoan-gu, Seoan-do along the two-lanes in the direction of the judgment intersection in the front intersection. On the other hand, the vehicle was shaking, and the vehicle was in conflict with the Central Separation Zone (hereinafter “lined vehicle”). A stopped over a two-lane.

After that, C, while driving a vehicle of the Defendant at the same location, proceeded with the same vehicle of the Defendant, followed the collision without avoiding the vehicle of the Plaintiff (hereinafter “instant accident”), and shocked the central separation zone, and the central separation cost of the damaged vehicle conflicts with the FK 3 vehicle operated by E (hereinafter “victim”) in line with the direction of the vehicle of the Defendant.

C. The speed of the road in which the instant accident occurred is 80km/h/speed. The speed immediately before the collision of the Plaintiff’s vehicle was 144.90-162.90km/h, and the speed immediately before the collision of the Defendant vehicle was 90-145.67km/h on 133.90-145.67km.

With respect to the instant accident, the Plaintiff paid insurance proceeds of KRW 1,830,00 as the repair cost on May 19, 2017, KRW 3,93,750 as the repair cost for the damaged vehicles on the 22th of the same month and on the 23th of the same month, KRW 17,240,000 (paid insurance proceeds of KRW 17,510,000) as the compensation for the total loss of the Plaintiff vehicle on the 25th of the same month, and KRW 23,063,750 in total.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1 (including each number), video, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the accident of this case is limited to the speed and the duty to keep the vehicle in front of the accident. The plaintiff is negligent in the whole negligence of the driver of the defendant vehicle.