구상금
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.
1. The fact of recognition ① The Plaintiff is the insurer of the vehicle C (hereinafter referred to as “Plaintiff”) and the Defendant is the insurer of the vehicle D (hereinafter referred to as “Defendant insured vehicle”). ② The Plaintiff’s insured vehicle proceeds in one lane on the road of the two-lanes located in the GUA zone E on October 28, 2017, and the vehicle illegally parked on the two-lane road due to the narrow flow of the lane due to the vehicle parked on the two-lane road, the vehicle was not changed to the two-lane and proceeded in one-lane at the intersection immediately before reaching the intersection. ③ The Defendant insured vehicle went in two-lanes from the rear side of the insured vehicle, and entered the Plaintiff’s insured vehicle on the right side, and the Plaintiff was unable to reach the 10-lane vehicle or the 10-lane vehicle was parked on the right side, and the Plaintiff paid the vehicle destroyed by Nonparty 1 to Nonparty 1 or Nonparty 1’s 1’s vehicle due to an accident (hereinafter referred to as “the instant accident”).
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion lies in the following: (a) the Plaintiff’s instant accident took place between 70% of the negligence of the Plaintiff’s insured vehicle that made a bypass at a single lane and 30% of the negligence of the Defendant’s insured vehicle that continued without carefully examining the movement of the Plaintiff’s insured vehicle in the front section.
However, inasmuch as the Plaintiff, while compensating Nonparty 5,181,00 won, which is the full amount of damages caused by joint tort by the Plaintiff and the Defendant, the Defendant is entitled to the Plaintiff’s indemnity amounting to 30% of the above 5,181,000 won out of the indemnity amount.