구상금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry or video of Gap 1 to 13, Eul 1 to 5.
The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded each automobile insurance contract with respect to the automobile D (hereinafter “Defendant”).
B. On August 3, 2019, at around 09:48, the Plaintiff’s vehicle stops two lanes near Suwon-gu, Suwon-si, Suwon-si, in one lane, in a way that the two lanes are running from the water-based industry to the F apartment-side, along the two lanes.
From the starting point of view, the accident was caused by the defendant vehicle that enters one lane for the defendant vehicle (hereinafter referred to as the "accident of this case").
C. From September 11, 2019 to October 22, 2019, the Plaintiff paid KRW 5,639,000 as insurance proceeds, subtracting the Plaintiff’s automobile repair cost of KRW 6,139,000 from the Plaintiff’s automobile repair cost of KRW 50,00.
2. The parties' assertion and judgment
A. The plaintiff asserts that the defendant vehicle caused the accident of this case by changing the vehicle from the two lanes to the one lane without direction direction, etc., and the plaintiff vehicle, which was under way to the one lane, could not avoid this, and therefore, the defendant vehicle had a gross negligence.
On the other hand, the defendant asserts that the negligence of the plaintiff's vehicle, which was proceeding at a rapid speed without neglecting the direction direction when the defendant's vehicle operated in order to change the lane, has contributed to the accident of this case.
B. According to the evidence revealed earlier, the Defendant vehicle stops on the two-lanes of the accident site of this case, and even seven seconds before the Plaintiff vehicle passes through the accident site of this case, driving an emergency, etc. at a considerable distance, and without speed, the Plaintiff vehicle is as it is adjacent to the accident site of this case.