구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).
B. On January 27, 2017, around 15:55, at the end of 15:55, there was an accident in which the front part of the Plaintiff’s right part of the front part of the vehicle, which was driven on the rear side of the first lane, was changed from the second lane to the second lane of the two-lane road near the Yeung-dong Yan-gu Seo-gu Seo-gu Seo-si, Seoi-si, Seodong-si, the speed of the two-lanes of the two-lane road, and the speed of the two-lanes of the two-lanes of the two-lanes of the two-lane road,
C. On February 17, 2017, the Plaintiff paid insurance proceeds of KRW 493,00 at the cost of repairing the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 7, 9, Eul evidence No. 1-1, 2, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion that the instant accident occurred due to the overall negligence of Defendant 1, who carried out a sudden stop at a place where career change is prohibited.
B. (1) Article 19(1) of the Road Traffic Act provides, “If the driver of any motor vehicle follows another motor vehicle traveling in the same direction, the driver of any other motor vehicle shall maintain a necessary distance to avoid any collision with the motor vehicle traveling ahead of it, if the latter stops suddenly.” Article 19(3) of the same Act provides, “The driver of any other motor vehicle shall not change its course when it is likely to impede normal traffic of any other motor vehicle traveling behind the latter.”
In light of the details of the occurrence of the instant accident, the location of each vehicle, and the degree of collision, which can be seen by the evidence as seen above, the instant accident is committed on the front side of the Plaintiff vehicle.