beta
(영문) 전주지방법원 2017.12.13 2017나4822

구상금

Text

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.

Reasons

1. Basic facts

A. The Plaintiff is the insurer of the comprehensive automobile insurance contract with respect to the Plaintiff-owned B vehicle A (hereinafter “instant Plaintiff-owned vehicle”) as the insured, with respect to the insurance period from April 12, 2016 to September 25, 2016, and the Defendant is the insurer of the comprehensive automobile insurance contract with respect to the instant vehicle C (hereinafter “Defendant-owned vehicle”).

B. On May 12, 2016, in order to make the right turn to the left at the intersection near the east-gu, Mancheon-dong, 3, in the front city along the two-lanes of the two-lanes, the Plaintiff vehicle of this case, which was directly receiving green signals from the Defendant vehicle of this case and the front side of the Plaintiff vehicle of this case and the left turn to the left at the center of the two-lanes of the two-lanes of the two-lanes, caused an accident of conflict between the front side of the Plaintiff vehicle of this case and the left side of the Defendant vehicle of this case (hereinafter “instant accident”).

C. With respect to damages arising from the instant accident, the Plaintiff paid KRW 200,000 to the driver of the instant vehicle among the total damages of KRW 996,000,000, to the driver of the instant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The main point of the Plaintiff’s assertion is that the Plaintiff’s driver’s negligence in relation to the instant accident is at least 30% since the Defendant’s driver’s negligence in relation to the instant accident was at least 30%, even though the Plaintiff’s first entered and continued to turn to the left at the intersection of the instant case, while the Defendant’s vehicle was in a straight line on the opposite side.

Therefore, the defendant is obligated to pay to the plaintiff 238,800 won equivalent to 30% of the negligence of the defendant driver of this case among the total damages caused by the accident of this case and damages for delay.