구상금
1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
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 January 31, 2017, at around 08:22, the Plaintiff’s vehicle proceeded one lane at the upper end of the distribution bridge of Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul, and discovered that the yellow flickerings vehicle (hereinafter “non-party vehicle”) on the number off entered the intersection from the left side of the Plaintiff’s vehicle to the intersection where the yellow on-off signal, etc. is operated (hereinafter “instant intersection”), and rapidly operated the vehicle over a two-lane while changing the vehicle from the latter side of the Plaintiff’s vehicle to the two-lane. The Defendant’s vehicle driving two-lanes at the rear side of the Plaintiff’s front end part of the Plaintiff’s right shoulder.
(hereinafter “instant accident”). C.
On February 21, 2017, the Plaintiff paid insurance proceeds of KRW 8,494,00 at the cost of repairing the Plaintiff’s vehicle destroyed by the instant accident.
[Ground of recognition] Items A 1 through 5, Eul 1 through 3 (including paper numbers) and the purport of the whole pleadings
2. Determination as to the cause of action
(a) The driver of any motor vehicle shall maintain a distance necessary to avoid any collision with the motor vehicle running ahead of it in the same direction when the motor vehicle traveling ahead of it follows the motor vehicle traveling in the same direction;
(3) No driver of any motor vehicle shall change course when it is anticipated to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route.
(4) No driver of any motor vehicle shall apply the brake in order to temporarily stop the motor vehicle or reduce the speed of the motor vehicle, except where he/she intends to prevent any danger and on the grounds of inevitability.