구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim:
1. Basic facts
A. The Plaintiff is an insurer who has concluded each comprehensive motor vehicle insurance contract with respect to the BM3 vehicle (hereinafter “Defendant vehicle”).
B. On January 30, 2016, the Defendant’s vehicle driving along the four-lanes on the street of the 5-lane of the niver distance at the Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon stopped in the course of the vehicle C (hereinafter “victim”) where the Defendant’s vehicle was driving along the three-lanes, and the damaged vehicle stopped rapidly, and the Plaintiff’s vehicle following the damaged vehicle was concealed (hereinafter “the instant accident”).
C. The Plaintiff paid KRW 1,985,805 in total by February 23, 2016 at the repair cost of the damaged vehicle related to the instant accident.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 4 through 7, Gap evidence 3, the video, the purport of the whole pleadings
2. The parties' assertion
A. The defendant's vehicle was rapidly suspended without any reason while changing the course from the fourth lane to the third lane. Since the defendant's fault ratio in the occurrence of the accident in this case is recognized as 50%, the defendant is obliged to pay the plaintiff KRW 92,902 out of the amount paid by the plaintiff as the repair cost of the damaged vehicle.
B. The defendant's vehicle is merely a sudden stop due to the motor vehicle in the front section, and the accident of this case entirely occurred due to the violation of the duty of the front owner of the plaintiff's vehicle. Thus, the plaintiff's claim cannot be complied with.
3. Determination
A. Whether the driver of any Plaintiff’s vehicle is in breach of the duty of care and the driver of any other vehicle follows the vehicle behind the vehicle running in the same direction, if the vehicle ahead stops suddenly, it shall secure the necessary distance to avoid any collision with the said vehicle ahead (Article 19(1) of the Road Traffic Act).