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 entered into an automobile insurance contract for D vehicles (hereinafter “Plaintiff vehicles”); the co-defendant C Co-Defendant Co-Defendant Co., Ltd. (hereinafter “Co-Defendant vehicles”); and the Defendant entered into an automobile insurance contract for F vehicles (hereinafter “Defendant vehicles”);

B. On June 22, 2018, around 03:10 on June 22, 2018, while the Plaintiff’s vehicle was driving on the Twitway at the time of the official expressway (hereinafter “the primary accident”) and was parked across the two-lanes from the side to the opposite direction of the road while turning back to the opposite direction of the road. However, a co-Defendant’s accident that shocks the front part of the Plaintiff’s vehicle (hereinafter “the secondary accident”).

After the second accident, the plaintiff's vehicle was stopped across the two-lanes on the side of the road in the direction of the road driving, but the defendant's vehicle was "three-lanes on the side of the plaintiff's vehicle".

(C) The Plaintiff’s vehicle was destroyed to the extent that the repair cost exceeded the vehicle value, and on June 19, 2018, the Plaintiff paid KRW 4,629,000 insurance money (i.e., the vehicle value of KRW 4.8 million, KRW 3,521,00,00 for towing and salvage expenses - the remaining vehicle value of KRW 521,00) to the Plaintiff’s insured on June 19, 2018.

2. Determination

A. In the event that a drilling accident occurred by a motor vehicle following a stop on an expressway where the preceding motor vehicle stops on the road without taking safety measures on the grounds of an accident, etc. on the first expressway, it can be sufficiently anticipated that the latter motor vehicle may collision with the preceding motor vehicle and furthermore conflict with another motor vehicle or people in the surrounding area due to a stop without taking safety measures. Thus, the preceding motor vehicle driver may take safety measures after stopping by negligence.