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. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. Around 13:00 on December 19, 2014, the Plaintiff’s vehicle driven along the side lane of the two-lanes of the two-lanes, where there is no central line located in the valley-Eup’s electric power station located in the address population, and the Defendant’s vehicle was discovered and carried out the operation, but the vehicle was removed on the road at the end of the ice, and the front part of the Defendant’s vehicle was turned down to the front part of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

On January 16, 2015, the Plaintiff paid KRW 1,556,00 as the repair cost for Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 6, or the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident of this case occurred since the plaintiff's vehicle was turned down on the ice iceway while the defendant's vehicle did not go on the right side of the road while neglecting the duty of front-time watch, and the defendant's vehicle did not go on the road. Since the above negligence ratio of the defendant vehicle also depends on 40%, the defendant is liable to pay to the plaintiff 62,400 won of the above insurance money, which is equivalent to 40% of the negligence ratio of the defendant vehicle, and damages for delay.

The defendant asserts that the defendant's vehicle did not make any error in relation to the accident of this case since the plaintiff's vehicle was driven at a rapid speed from the ice-line and turned down, and the defendant's vehicle was driven normally in the opposite direction.

B. In light of the aforementioned evidence and the purport of the entire pleadings, the instant accident entered the main driving space of the Defendant vehicle, which was driven by the Plaintiff’s vehicle while driving on a backway along the Plaintiff’s vehicle, into the main driving space of the Defendant vehicle.