2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. As to the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), the Intervenor joining the Defendant is an insurer who concluded each automobile insurance contract regarding the Defendant’s vehicle C (hereinafter “Defendant’s vehicle”).

나. 피고는 2016. 8. 25. 09:20경 피고 차량을 운전하여 성남시 중원구 들마로 편도 3차로 중 1차로를 따라 진행 중 진행 방향 전방에 있는 돌멩이(이하 ‘이 사건 돌멩이’라 한다)를 피고 차량의 우측 앞바퀴로 밟고 지나갔고 그 충격으로 튄 이 사건 돌멩이가 2차로를 따라 후행하는 원고 차량의 하부에 부딪혀 원고 차량이 파손되었다

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

On August 26, 2016, the Plaintiff paid the insurance proceeds of KRW 2,130,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the instant accident caused the Defendant’s gross negligence by neglecting the duty of Jeonju, thereby taking a stone with the stone of this case.

In regard to this, the defendant asserts that there is no negligence since the accident of this case occurred under force majeure where the stone of this case on the road cannot be avoided.

B. Taking into account the following circumstances, namely, ① the size of the stone with the stone of this case and its color similar to the road, it is difficult to deem that the Defendant could have known that the stone with the stone of this case was on the road immediately before the end or immediately, and ② the risk of other traffic accidents anticipated in the course of avoiding the stone of this case, even if the Defendant did not avoid the stone of this case and did not take the stone of this case, there is the Defendant’s negligence.