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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is the insurer of C vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the mutual aid business operator of D vehicle (hereinafter “Defendant vehicle”).
B. On November 7, 2017, around 18:30, the Plaintiff’s vehicle was proceeding one-lane among the two-lanes of the national highways No. 21, located in 353-8, 353-8.
Plaintiff
In the future, E vehicles (hereinafter referred to as "inward vehicles") entered the vehicle, and the plaintiff vehicle operated the vehicle with the intention to reduce the awareness of the vehicle to the non-party vehicle.
However, as the non-party vehicle proceeds without marking with the intention, such as emergency, etc., the vehicle of the plaintiff operated the vehicle again.
C. The non-party vehicle stopped on the first lane on the ground that the plaintiff's snow is poor, and the plaintiff's vehicle also stopped following the vehicle.
Plaintiff
The vehicle following the vehicle was stopped on the right side of the plaintiff vehicle. D.
However, while the driver of the plaintiff vehicle and the driver of the non-party vehicle dialogueed from their own vehicle, the defendant vehicle, who proceeded behind the driver's vehicle, did not stop and shocked on the left side of the plaintiff vehicle.
(hereinafter “instant accident”) e.
The Plaintiff’s vehicle was destroyed due to the instant accident, and on February 12, 2018, the Plaintiff, as an insurer, deducted KRW 200,000 from the repair cost of the Plaintiff’s vehicle and disbursed KRW 1,796,800.
[Basis] Evidence Nos. 1 through 7, Evidence Nos. 2 and the purport of the whole pleadings
2. The Plaintiff’s grounds for appeal did not stop the Plaintiff’s vehicle and the Nonparty’s vehicle, and the instant accident did not occur if the Defendant’s driver performed thoroughly the duty to stop on the front and the safety distance was secured.
Therefore, the accident of this case is deemed to have occurred due to the total negligence of Defendant vehicle, and according to subrogation by insurer, the Defendant is the full amount of the insurance money paid by the Plaintiff to the Plaintiff, which is KRW 1,796,800.