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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Claim.
Reasons
1. Basic facts
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. On August 8, 2016, at around 14:50, the Plaintiff’s vehicle stopped from the three-lanes in front of the main apartment zone in North-gu, Chungcheongnam-gu, Gwangju, in the middle line, and entered the two-lanes.
At the time, the Defendant’s vehicle was driving along the direction of the entry point of the Plaintiff’s vehicle according to the same two-lanes of the same road. However, even though the part of the Plaintiff’s vehicle’s left side has already entered the two-lanes, it did not immediately stop but proceeds about three seconds, and as a result, the Defendant’s vehicle caused the instant traffic accident.
C. On October 14, 2016, the Plaintiff’s automobile repair cost, etc. due to the instant traffic accident, and thus, the Plaintiff’s damage compensation amounting to KRW 184,457 on the Plaintiff’s vehicle insured.
(B) paid the Company. [In the absence of dispute over the facts of recognition, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings, and the purport of the whole pleadings.
2. Determination
A. In addition to the determination on the cause of the claim (the recognition of the defendant's liability for damages), in full view of the road situation at the time of the traffic accident in this case, including the road condition, weather conditions and visible distance, and the speed of each vehicle's driving speed, it seems sufficient to avoid the traffic obstruction on the front side by the defendant's vehicle. Therefore, if the defendant vehicle operated safely at the front of the front side while driving the vehicle safely, it seems that the vehicle of this case could sufficiently avoid the traffic accident in this case by discovering the plaintiff's vehicle that entered front of the moving direction in advance and stopping safely.
Nevertheless, the defendant vehicle is the defendant vehicle.