구상금
1. Of the judgment of the court of first instance, the part of the judgment against the plaintiff corresponding to the amount ordered to be paid shall be revoked.
2...
1. Basic facts
A. The Plaintiff is an insurer who has concluded a motor vehicle insurance contract with respect to a motor vehicle A (hereinafter “Plaintiff-motor vehicle”), and the Defendant is an insurer who has concluded a motor vehicle B (hereinafter “Defendant-motor vehicle”).
B. At around 16:51 on December 13, 2016, the Defendant’s vehicle was proceeding in two lanes near the D store located in Gwangju Northern District C, but, on the other hand, the vehicle on the number omitted prior to the same lane (hereinafter “instant prior vehicle”) attempted to change the vehicle into three lanes, and the vehicle on the three prior road stopped at the same lane, resulting in a sudden stop without entering the three lanes.
The defendant vehicle changed the vehicle into one lane to avoid shock with the preceding vehicle of this case, which was rapidly stopped, and the front part of the plaintiff vehicle's right-hand side of the vehicle of this case, which was proceeding one lane in the same direction as the end of the time, was shocked into the left side of the vehicle loaded on the defendant vehicle.
(hereinafter referred to as “instant accident”). C.
By March 28, 2017, the Plaintiff paid KRW 12,053,00 as the repair cost of the Plaintiff’s vehicle for the instant accident.
【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 7 evidence, Eul's 3 evidence, or the purport of whole pleading
2. The assertion and judgment
A. The Plaintiff asserts that the instant accident occurred in the course of changing the lane on the one hand as the driver of the Defendant’s vehicle neglected the duty of front-time watch and the duty of ensuring safety distance, and due to the failure to cope with the sudden stop of the instant front vehicle, and due to the overall negligence of the Defendant vehicle, the Defendant is obliged to pay the insurance proceeds paid by the Plaintiff in subrogation of the Plaintiff as a reimbursement for the damages. 2) As to this, the Defendant inevitably changed the lane into one lane to avoid collision with the sudden stop of the instant front vehicle. The Defendant, as the driver of the Plaintiff’s vehicle, who was going ahead of the Defendant’s vehicle, was the driver of the instant front vehicle.