구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The following facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire pleadings on the statements and images set forth in Gap evidence 1 to 8, Eul evidence 2 and 3, respectively:
The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to B vehicles owned by the Plaintiff’s Intervenor (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who has entered into an automobile mutual aid agreement with respect to C-business taxi vehicles (hereinafter “Defendant”).
B. On September 10, 2016, around 22:45, Cheongju-si, an accident occurred where the front side of the Defendant’s vehicle driving along the second line and the front side of the Plaintiff’s vehicle driving along the second line of the said road are facing each other, driving along the said two lanes from the first line of the said road (hereinafter “instant road”).
(hereinafter referred to as “the instant accident”). C.
On October 7, 2016, the Plaintiff paid KRW 381,300 insurance money to the Plaintiff’s automobile repair cost, etc. due to the instant accident.
2. Determination
A. The Road Traffic Act and subordinate statutes provide that "the driver of any motor vehicle shall not change course when it is likely to impede the normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her course" (Article 19(3)); "the driver of any motor vehicle shall, when intending to change course while driving in the same direction, use his/her hand, direction indicator or light until such act is completed" (Article 38(1)); and subparagraph 2 of Article 21 [Attachment 2] of the Enforcement Decree of the Road Traffic Act provides that "the driver of any motor vehicle shall, when intending to change course to starboard at the right side while driving in the same direction, use his/her hand, direction indicator or light until such act is completed" (Article 38(1).