1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The circumstances surrounding the instant accident are as follows.

On August 27, 2017, at the time of the accident, the insured vehicle (hereinafter “Plaintiff”) of the Defendant Insured vehicle (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”) as of August 14:15, 2017 at the time of the accident is identical to the drawings attached to the situation of collision near the Suyangyang-gun E near the Gangseoyang-gun at the place of Gangseoyang-gun. In this case, the Plaintiff vehicle was at the time of the accident where the vehicle was separated from the center while avoiding the Defendant vehicle, and was at the time of the occurrence of the accident where the vehicle was received. (The

B. On April 9, 2018, the Plaintiff paid KRW 1,198,000 to the Plaintiff for losses, such as the cost of repairing the Plaintiff’s vehicle due to the foregoing accident.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's evidence 1 through 3, 5, and 8, and the purport of the whole pleading

2. The circumstances leading up to the instant accident, i.e., the Plaintiff’s vehicle, which can be seen by the above recognition facts and evidence, were in progress in the first line. The Defendant’s vehicle entering the road at a rapid speed from the location of the road to the first line, resulting in an accident leading up to a shocking the central separation unit while avoiding the accident at the end of the second line. In light of the location of the Plaintiff’s vehicle and the Defendant’s vehicle at the time of the accident and the speed of the Defendant’s vehicle, etc., the Plaintiff’s vehicle could not have anticipated the entry of the Defendant’s vehicle, and if the Defendant’s vehicle did not avoid the accident, the collision with the Defendant’s vehicle would have occurred.

Considering these circumstances, it is reasonable to view that the instant accident was entirely caused by the Defendant’s negligence.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 1,198,00 equivalent of the insurance proceeds paid to the Plaintiff and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from April 10, 2018 to May 16, 2018, the delivery date of a copy of the instant complaint, and 15% per annum from the next day to the day of full payment.