구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The following facts do not conflict between the parties, or may be acknowledged in full view of the overall purport of the arguments in each of the images of Gap evidence Nos. 1, 2, 3, 5, and Eul evidence Nos. 2, Gap evidence No. 4, Eul evidence No. 1, 3, and 5:
The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to ANS vehicle (hereinafter referred to as “Plaintiff”), and the Defendant is a company operating a village bus vehicle B (hereinafter referred to as “Defendant vehicle”) and running a local village bus transportation business.
B. On January 28, 2017, when the driver of the Plaintiff’s vehicle drives the Plaintiff’s vehicle around 13:00, and is proceeding along the three-lane road from the edge of the road to the edge distance of the driving market in the city of Jung-gu Seoul, Jung-gu, Seoul, along with one lane, the Defendant’s vehicle changed the vehicle from two lanes to one lane. Accordingly, while the Plaintiff’s vehicle overtakings the Defendant vehicle beyond the center line, an accident was caused by the Plaintiff’s rear part and the front part of the Defendant’s seat, where the Plaintiff’s vehicle attempted to enter the Defendant’s future while trying to enter the Defendant’s vehicle.
(hereinafter referred to as “instant accident”). C.
On February 27, 2017, the Plaintiff paid the insurance proceeds of KRW 2,529,000 in total, including KRW 2,481,00, and KRW 48,000,00, to the North Business Office of Hyundai Automobile Co., Ltd., with the cost of repair and parts of the Plaintiff’s vehicle due to the instant accident.
2. The parties' assertion and judgment
A. The summary of the party’s assertion (i) the Defendant vehicle was changed rapidly in the future of the Plaintiff vehicle at the time of the instant accident, and the Plaintiff’s vehicle immediately went beyond the central line to avoid it, and the Defendant vehicle’s defect to enter the future of the Defendant vehicle was shocked to return to the normal lane, and the instant accident was entirely caused by the negligence of the Defendant vehicle’s driver.
Therefore, the defendant, who is the operator of the defendant vehicle, is the plaintiff vehicle.