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Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
Reasons
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 a person who has concluded an automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).
B. On December 27, 2019, around 16:04, the vehicle driven by the E (hereinafter “Nonindicted 2”) one-lane of the second line in the Changwon-dong, Sungwon-gu, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, which stopped, and the F vehicle following it (hereinafter “Nonindicted 2”) was stopped. The Defendant vehicle driven by the vehicle following it (hereinafter “the front vehicle”) shocked Nonparty 2 (hereinafter “the front vehicle”), and the vehicle driven by the Plaintiff, who was driven behind the Defendant vehicle, was shocked by the Defendant vehicle (hereinafter “the instant accident”).
C. The Plaintiff’s vehicle was destroyed by the instant accident, and the Plaintiff paid KRW 9,249,000,000, excluding the Plaintiff’s self-charges 500,000, at its repair cost.
(hereinafter "Insurance Money of this case") . [Grounds for recognition] Gap evidence 1 through 5 (including branch numbers), Eul evidence 1, and the purport of the whole pleadings.
2. Determination
A. In a case where an automobile cannot be operated due to a prior accident, etc. on an expressway or motorway, the driver of the preceding vehicle is negligent in causing a prior accident or in taking safety measures after the accident, in light of the ideology of the damage compensation system, such as the fair sharing of damages, in light of the following: (a) the driver of the preceding vehicle is negligent in failing to take safety measures, even though the vehicle cannot be operated due to a prior accident; or (b) the driver’s failure to take safety measures after the accident, it is caused by a subsequent accident, unless there are special circumstances.