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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
Facts of recognition
The relevant plaintiff is an insurer who has entered into an automobile insurance contract with the B drawing vehicle (hereinafter referred to as the "Plaintiff vehicle"), and the defendant is a person who drives a vehicle C at the time of the instant traffic accident (hereinafter referred to as the "Defendant vehicle").
On October 16, 2015, the date and time of the accident: around 07:25, the accident occurred near the road (Seoul Mapo-gu, 100 meters in the direction of the mountain: the driver and the driver of the vehicle used the vehicle in the same direction along four-lanes of the location where the accident occurred, while the vehicle and the driver of the vehicle are driving the vehicle in the same direction (hereinafter referred to as the "first accident"), the driver of the vehicle and the driver of the vehicle are driving the vehicle in the same direction (hereinafter referred to as "the second accident"), and after the accident, the other vehicle (D) driven along the same lane while checking the condition of the vehicle that the driver and the driver of the vehicle set up a vehicle at the location of the vehicle and turned down on both sides of the vehicle of the defendant vehicle due to the shock of the vehicle of the defendant vehicle, and caused the accident by shocking the above drivers who had been driven between the plaintiff vehicle and the defendant vehicle, and the accident caused by shocking them again (hereinafter referred to as "the second accident").
On July 21, 2017, the Plaintiff, the insurer of the Plaintiff vehicle, paid insurance proceeds of KRW 6,958,820 at the repair cost of the Plaintiff vehicle.
【The driver of any motor vehicle of all the legal principles related to the determination of the purport of the entire pleadings of all the statements or images as referred to in subparagraphs A through 7, Eul 1 through 6 (including those with any number), and the driver of any motor vehicle of all the legal principles related to the determination of the purport of the entire pleadings shall, where the motor vehicle is followed following another motor vehicle traveling in the same direction, secure a necessary distance to avoid any collision with the motor vehicle traveling
On the other hand, no driver of any motor vehicle shall make a sudden braking, such as making a sudden stop of the motor vehicle or reducing the speed of the motor vehicle, unless it is required to prevent any danger and it is inevitable (Article 19(1) and (4) of the Road Traffic Act).