구상금
The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded each automobile insurance contract with the DV vehicle (hereinafter “Defendant”), with respect to CVa vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded each automobile insurance contract with the DV vehicle (hereinafter “Defendant vehicle”).
B. On March 8, 2019, at around 10:27, the Defendant’s vehicle changed the lane from the intersection to the intersection of the lower 1 public security center to the intersection of Gpark, along the two lanes near the F in Ulsan-dong-gu, Ulsan-dong-gu, the front part of the Plaintiff’s vehicle driving ahead of the driver’s seat of the Defendant vehicle, driving a one lane in front of the driver’s seat.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid insurance proceeds of KRW 1,106,790, excluding KRW 200,00,000, out of the repair cost of the Plaintiff’s vehicle due to the instant accident, 1,306,790.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, 5 to 7, and 9, and the purport of the whole pleadings
2. Determination
A. According to Article 19(3) of the Road Traffic Act, where a liability for reimbursement arises, the driver of any motor vehicle shall not change its course when it is likely to impede normal traffic of any other motor vehicle running in the direction to which he/she intends to change its course.
In light of the legal principles as seen earlier, the driver of the Defendant vehicle operating the two lanes at the time of the instant accident had the duty of care to safely change the lanes so as not to impede the passage of the Plaintiff vehicle, but the instant accident occurred by neglecting this duty and changing the lanes rapidly.
Therefore, the defendant, as the insurer of the defendant vehicle, is obligated to pay the plaintiff, who is the insurer of the plaintiff vehicle, the amount of indemnity equivalent to the above insurance money and the damages for delay.
B. The Defendant, within the scope of the amount of indemnity, occupied the direction prior to the instant accident, etc., and the Plaintiff’s vehicle.