구상금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).
B. At around 17:54 on July 24, 2016, Defendant vehicles run three-lanes of the four-lane roads in front of the access road to the Round-dong, Chungcheongnam-gu, Chungcheongnam-gu, Gwangju, from the west River Information School to the ebbulation.
With the vehicle located on the front side, the direction direction was not operated and the direction was changed to four-lanes, and the part behind the left side of the Plaintiff’s vehicle followed by the four-lanes was shocked with the front left side part of the Defendant’s vehicle.
(hereinafter referred to as “instant accident”). C.
On September 8, 2016, the Plaintiff paid KRW 1,763,50,00, which was deducted from the repair cost of the Plaintiff’s vehicle due to the instant accident, as insurance proceeds.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, Gap evidence 4 to 6, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the accident in this case occurred without confirming the plaintiff's vehicle in order to proceed with the accident into four-lanes without the body of the defendant, and the change of the vehicle to four-lanes. Thus, the defendant asserted that there was a gross negligence on the part of the driver of the defendant vehicle. The defendant did not have any elements to protect the plaintiff's vehicle's view at the time of the accident in this case, and the driver of the defendant vehicle performed the change of the vehicle with full duty of care, so the plaintiff's argument that the accident in this case occurred solely by the negligence of the defendant vehicle is unjust.
B. The following circumstances, i.e., three-lanes at the time of the instant accident, which are the course of the Defendant’s vehicle, were parked in the front section of the vehicle, whereas the Plaintiff’s vehicle stops.