구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).
B. On January 31, 2019, at around 15:15, the Plaintiff’s vehicle passed a three-lane crossing from the direction of the E-school to the direction of the 2:00 square among the four-lanes in the south-dong, Southern-gu, Gwangju. The Defendant’s vehicle used two-lanes that can move from the direction of the E-school to the direction of the E-school, and entered the intersection.
C. However, the Plaintiff’s vehicle, along the intersection, changed the direction immediately before entering the intersection, into the three-lane direction of the white road plaza, and at that time, the Defendant’s vehicle, without having the direction of the intersection, runs toward one-lane between the three-lane direction of the white road and the lower part of the front part of the Plaintiff’s driver’s seat and the lower part of the Defendant’s vehicle, were in conflict.
(hereinafter “instant accident”). D.
On March 8, 2019, the Plaintiff paid KRW 11,152,00 as insurance money after deducting KRW 200,000 of the self-paid cost for the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, Eul evidence Nos. 2 and 3, the purport of the whole pleadings
2. The parties' assertion
A. At the time of the instant accident, the instant accident occurred due to the instant change of the lane in the intersection without disregarding the road surface, and thus, the instant accident occurred due to the total negligence of the Defendant vehicle.
Therefore, the defendant is obligated to pay to the plaintiff the insurance proceeds of KRW 11,152,00 and damages for delay paid by the plaintiff with the indemnity amount.
B. The Defendant’s instant accident shall turn to the left immediately without securing the safety distance.