1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to the Plaintiff’s sealed cargo vehicle A (hereinafter “Plaintiff’s vehicle”). The Defendant is an insurer who has concluded each automobile insurance contract with respect to the C Poter Cargo Vehicle B (hereinafter “Defendant’s vehicle”).

나. B은 2016. 9. 1. 09:50경 피고 차량을 운전하여 광주 광산구 동곡로 155 승룡교 위 도로를 동곡 방면에서 나주혁신도시 방면으로 편도2차로 중 2차로를 따라 시속 90km의 속도로 진행함에 있어, 전방에서 앞서 가던 원고 차량이 도로에 떨어져 있던 포장물을 피하기 위하여 서행하는 것을 미처 발견하지 못하고, 그대로 진행하여 피고 차량의 전면부로 원고 차량의 화물 적재함 뒷부분을 추돌하게 하였고 그 충격으로 원고 차량이 1차로로 튕겨나가 1차로에서 진행 중이던 D 차량과 추돌하게 하였다

(hereinafter referred to as “instant accident”). C.

On September 29, 2016, the Plaintiff paid insurance proceeds of KRW 1,391,00 at the repair cost of the Plaintiff’s vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 8 (including additional numbers), Eul evidence 1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances revealed by the fact of recognition and the evidence mentioned above that the accident of this case occurred in the straight line section of the road where the right at night is sufficiently secured in the morning, and the vehicle of this case immediately before the accident of this case was cut down to the right side of the two-lanes while driving back to the center of the two-lanes in order to avoid packaging materials on the road, and it seems inevitable to inevitably stop. The other vehicle of this case driving the two-lane prior to the plaintiff vehicle after the vehicle of this case was driven by the plaintiff vehicle of this case. The other vehicle of this case driving the two-lane prior to the defendant vehicle of this case was driven by the plaintiff vehicle of this case. The vehicle of this case was driven by the plaintiff vehicle of this case, avoiding the vehicle of this case operating