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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. Basic facts
A. The Plaintiff is an insurer that has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the owner of D Freight Vehicles (hereinafter “Defendant Vehicle”) and its cargo.
나. 원고 차량은 2018. 6. 15. 17:45경 전주시 덕진구 용정동 정읍 방면 용정분기점 부근 자동차전용도로를 1차로에서 주행하던 중 앞서 주행하던 불상 차량이 피고 차량이 주행 중에 떨어트린 사료용 볏단 묶음(이하 ‘적재물’이라 한다)을 아무런 신호 없이 급히 2차로로 우회하여 비켜간 직후, 이를 피하지 못하고 충격하였다
(hereinafter referred to as “instant accident”). C.
On July 31, 2018, the Plaintiff paid KRW 6,289,000, which deducts KRW 500,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident, as insurance proceeds.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings
2. Judgment on the plaintiff's right to indemnity
A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence and the purport of the entire pleadings as revealed earlier in the above facts finding the error ratio, namely, the Defendant did not take safety measures such as binding the loaded goods so that they do not fall, and thereby caused the instant accident. The Plaintiff’s vehicle, which was the Plaintiff’s vehicle, caused the damage to the loaded goods by rapidly rounding the loaded goods, seems to have been somewhat difficult to ascertain the fact that the loaded goods fall. However, in light of the circumstances leading up to the occurrence of the instant accident and the degree of the collision and the degree of the damage, the previous vehicle could not have any other accident at the point of the instant accident, other than the Plaintiff’s vehicle, even if the loaded goods were driven by avoiding the loaded goods in this case and there was no other accident at the point of the instant accident. In light of the circumstances leading up to the occurrence of the
The ratio shall be earlier.