구상금
The part of the judgment of the court of first instance against the plaintiff falling under the order to pay below shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is the insurer of the Category D car owned by the Plaintiff Intervenor (hereinafter “Plaintiff”), and the Defendant is the insurer of the E-W car (hereinafter “Defendant”).
B. On September 8, 2019, the Plaintiff’s Intervenor driven the Plaintiff’s vehicle on a narrow road with a width of 5.8m wideing from 484-4, Masan-dong, Daejeon-dong (hereinafter “instant road”) and driven the Defendant’s vehicle in parallel with the Defendant’s vehicle while driving the vehicle (hereinafter “instant accident”).
C. On September 27, 2019, the Plaintiff paid KRW 540,300,000, which deducts the insured’s self-charges of KRW 200,000 from the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and evidence 6, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff asserts that the instant accident occurred when the Plaintiff’s vehicle stops on the right side of the road, and thus, the Defendant’s liability should be limited to 50% of the Defendant’s liability, on the ground that the Defendant’s negligence on the part of the Defendant’s driver claimed insurance money paid to the Defendant as the cost of repairing the Plaintiff’s vehicle, asserting that it is 10% of the Plaintiff’s fault. In this regard, the Defendant’s negligence on the part of the Plaintiff’s driver, even though there was a space to avoid on the right side.
B. Determination 1) The following facts can be acknowledged in light of the overall purport of arguments and the overall purport of arguments in the descriptions and images of Gap evidence Nos. 3, 8, 12 and Eul evidence Nos. 2 and 5 (including paper numbers). A) The road of this case is a asphalt package, but it is a narrow road with a width of about 5.8 meters and there is no distinction between the central line and the lane.
B. At the time of the instant accident, the Plaintiff’s vehicle is temporarily set to the right side of the instant road and the Defendant’s vehicle passes.