1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff-owned vehicles”), and the Defendant is the owner of C-si (hereinafter “Defendant-owned vehicles”).

B. On February 13, 2017: (a) around 07:27, on the road of the second line in front of the exit of Manduk Station No. 1 (the two-lane road is wider to the point where the two-lane vehicle can pass ahead of the two-lanes), the Plaintiff’s vehicle driven in the nearest part of the two-lanes, and continued to move in the nearest part of the two-lanes, and the Defendant’s vehicle left in the front side of the two-lanes, but the vehicle stopped in front of the Plaintiff’s vehicle. On the other hand, on the first lane, the vehicle stopped in front of the Plaintiff’s front part of the Defendant’s vehicle, which followed the vehicle’s left behind (hereinafter “instant accident”).

C. On February 23, 2017, the Plaintiff paid KRW 1,642,00 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the shocking negligence of the Plaintiff’s rear gate while neglecting the movement of the Plaintiff’s vehicle prior to the Defendant’s vehicle, which led to the Plaintiff’s assertion. As such, the Defendant is obliged to pay to the Plaintiff KRW 1,642,00 and damages for delay paid by the Plaintiff as a reimbursement for damages.

B. (1) The decision of Article 19 (1) of the Road Traffic Act provides that "if the driver of any motor vehicle follows another motor vehicle traveling in the same direction, the motor vehicle running ahead of it shall maintain a necessary distance to avoid any collision with the motor vehicle traveling ahead of it, if the latter stops suddenly." Article 19 (3) of the Road Traffic Act provides that "the driver of any motor vehicle shall change the course of the motor vehicle."