구상금
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. Basic facts
A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. On November 9, 2017, the Plaintiff’s vehicle is proceeding in front of the Plaintiff’s vehicle while driving a one-lane road near the D Office located in Yangju-si, Yangju-si.
The back part of the Defendant’s vehicle temporarily stopped was shocked by the front part of the Plaintiff’s driver’s seat.
(hereinafter referred to as “instant accident”). C.
On November 23, 2017, the Plaintiff paid insurance proceeds of KRW 1,021,100 at the cost of repairing the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3 (including branch numbers), the purpose of the whole pleadings
2. Determination as to the cause of action
A. The following circumstances revealing the overall purport of the argument of the evidence revealed prior to the occurrence of liability for damages, namely, ① the Plaintiff’s vehicle at the time when the Defendant’s vehicle temporarily stops on the instant road at a considerable distance and could sufficiently be confirmed to temporarily stop the Defendant’s vehicle following the Defendant’s vehicle; ② Nevertheless, the Plaintiff’s vehicle is proceeding as it is.
The back part of the defendant vehicle is shocked, 3. On the other hand, the driver of any motor vehicle shall not make a sudden braking, such as sudden stop of the motor vehicle or reducing the speed, unless it is necessary to prevent any danger and other unavoidable circumstances. The defendant vehicle runs a road on one-lane road.
In light of the fact that a sudden stop was made in order to turn to the left at the center line of the yellow-ray, etc., the accident of this case is the driver of the plaintiff vehicle who violated the duty of front-way navigation and safe driving under the Road Traffic Act, and the driver of the defendant vehicle who temporarily stopped the vehicle in violation of the Road Traffic Act on the road of one-lane road.