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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..
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract for DMW 118d vehicles (hereinafter “Plaintiff vehicles”) owned by C, and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement for E-si vehicles (hereinafter “Defendant vehicles”).
B. On December 20, 2017, at around 21:35, the Defendant’s vehicle shocked the front direction of the Plaintiff’s vehicle prior to the first lane among the two-lane roads in front of the Changnam-gun, Jongno-gu, Jongno-gu, Seoul (Seoul (hereinafter “instant accident”) (hereinafter “instant accident”), and due to its shock, the Plaintiff’s vehicle was pushed ahead with the front direction of the Plaintiff’s vehicle, and there was a 4 serious shocking of the two front directions of the Plaintiff’s vehicle.
C. On January 9, 2018, the Plaintiff paid KRW 18,319,990, deducting KRW 500,000 of the Plaintiff’s automobile repair cost from the instant accident, to C, the insured, and received KRW 11,80,490 from the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 6, and the purport of the whole pleadings
2. The Plaintiff’s assertion that the instant accident occurred due to the former negligence of the Defendant’s driver who violated the duty of safe distance and the duty of front-time watching, and thus, the Defendant is obligated to pay 6,519,50 won (18,319,990 won - 11,80,490 won (18,319,990 won - 11,80,490 won) and damages for delay, which are paid by the Defendant to the Plaintiff at the repair cost of the Plaintiff’s vehicle pursuant to Article 682(1) of the Commercial Act.
3. Determination
(a) When a driver of any motor vehicle follows another motor vehicle traveling in the same direction, he/she shall maintain a distance necessary to avoid any collision with the motor vehicle traveling ahead of it when the latter stops suddenly;
(Article 19(1) of the Road Traffic Act. In light of the details of the occurrence of the instant accident, the location of each vehicle, and the degree of collision, etc., known by the above facts of recognition and the evidence as seen earlier, the instant accident may avoid collision with the vehicle ahead of it, if the vehicle ahead of it stops suddenly.