구상금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
1. Purport of the claim.
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Passenger Vehicles (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who has entered into an automobile mutual aid contract with respect to Dsi (hereinafter “Defendant”).
B. On March 18, 2019, around 14:50 on March 14, 2019, the Plaintiff’s vehicle proceeding to turn to the left along the two-lane from the front distance of the F in Kimhae-si, and there was a traffic accident in which the front and rear part of the Defendant’s vehicle, who turn to the left according to one-lane of the same direction, and the front and rear part of the Plaintiff’s driver’s seat (hereinafter “instant traffic accident”).
C. On July 15, 2019, the Plaintiff filed an application for deliberation and coordination with the G Deliberation Committee, and on July 15, 2019, the Deliberation Committee decided the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle to 30:70, taking into account the following: (a) the instant traffic accident occurred when the Plaintiff’s vehicle and the Defendant’s vehicle were to turn to the left; and (b)
C. On March 28, 2019, the Plaintiff paid KRW 4,646,00,000, excluding KRW 500,000 as the repair cost of the Plaintiff’s vehicle.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 9, each entry and video of Eul evidence 1, and purport of whole pleadings]
2. The parties' assertion and judgment
A. The plaintiff asserted that the traffic accident in this case is an accident where the defendant's vehicle was in contact with the first and second lanes while making a left turn at the above shooting distance in violation of the duty of safe driving, and the plaintiff's vehicle was shocked. Accordingly, the defendant's duty to pay 4,646,000 won as insurance money to the plaintiff. Accordingly, the defendant asserted that the traffic accident in this case is an accident where the defendant's vehicle did not yield to the defendant's vehicle due to the violation of the duty of safe driving and the duty of safe driving.
B. (1) Determinations take place.