1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is the insurer who has concluded the automobile insurance contract with B-wheeled Vehicle (hereinafter “Defendant”).

B. On May 20, 2017, around 11:06, the Plaintiff’s vehicle: (a) obstructed the center line to avoid a vehicle parked on the road at the front side of the D Golf club located in Chungcheongnam-si, Chungcheongnam-si; (b) obstructed the left side of the Plaintiff’s vehicle, and got the front part of the E-vehicle located on the opposite side of the vehicle (hereinafter “victim”) to take the front part of the Plaintiff’s right side; (c) caused the shock by the shock, the Plaintiff’s vehicle was pushed ahead of the damaged vehicle; and (d) conflict with the Defendant’s vehicle, which followed the Plaintiff’s vehicle, by going beyond the central line, was loaded on the rear part of the Plaintiff’s towed vehicle; and (e) conflict with the latter part of the damaged vehicle.

(hereinafter “instant accident”). C.

The Plaintiff paid KRW 9,427,590 as insurance money to the damaged vehicle by November 14, 2017 due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, 9, 10 evidence, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Determination

A. Among the damages caused by the Plaintiff’s assertion in the instant accident, the damages caused by the lower part of the damaged vehicle to the left-hand part were caused by negligence in violation of the duty of front-time watching and safe distanceing by the driver of the Defendant vehicle following the damaged vehicle. Therefore, the Defendant is obliged to pay KRW 400,000 for the repair cost of the part of the damaged vehicle, out of the insurance money paid by the Plaintiff pursuant to the insurer subrogation doctrine.

B. Article 19(1) of the Road Traffic Act, which determines the violation of the duty of care of the defendant's vehicle, provides that the driver of any motor vehicle shall ensure the necessary distance to avoid the collision with the motor vehicle running ahead of it when following the motor vehicle traveling in the same direction.