구상금
1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is the insurer who has entered into an automobile insurance contract with D Bus (hereinafter “Defendant Vehicle”).
B. On February 15, 2017, around 12:20, the Plaintiff’s vehicle driven the two lanes of three lanes in front of the mountain basin in Gyeyang-gu Incheon Gyeyang-gu, Gyeyang-gu, Incheon. However, the said road had a passenger vehicle exclusive lanes and the surface of the bus exclusive lanes on the two lanes, and the two lanes and three lanes of the said road had a white cell line and a marking box.
Plaintiff
The vehicle tried to enter the above three-lanes of the road through the crosswalk on which the display wing is not installed, and the defendant's vehicle driving on the three-lanes of the above road was raised to the side side of the road by rapidly driving the vehicle in order to avoid conjection with the plaintiff's vehicle, and in the process, the victim E, who is the passenger of the defendant bus, had an accident that greatly shakings the victim E.
(hereinafter referred to as “instant accident”). C.
In the instant accident, the victim E was injured due to the instant accident, and the Plaintiff paid 12,081,370 won in total to the victim for medical expenses and the agreed amount until August 14, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
가. 원고의 주장 이 사건 사고는 진로변경제한 구역에서 진로를 변경한 원고 차량 운전자의 과실과 전방에서 상당한 거리를 두고 우측 방향지시등을 켠 채 진로를 변경하는 원고 차량을 발견하지 못하고 전방주시의무에 위반한 피고 차량 운전자의 과실이 경합하여 발생한 것으로서 피고 차량 운전자의 과실비율은 40%에 이른다.
However, with respect to the instant accident, the Plaintiff, the insurer of the Plaintiff, one of the joint tortfeasor, is the victim 12,081.