구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings at Gap evidence 1, Gap evidence 3, 4, Eul evidence 1 to 3, Eul evidence 6, and video evidence 6:
The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with respect to Aknman vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to B bus (hereinafter “Defendant vehicle”).
B. On July 26, 2016, around 13:15, the Plaintiff’s vehicle attempted to turn to the left at one lane of the four-lane road in front of the opening distance of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-si, and the right turn on the two-lanes of the above road. On the ground that the Defendant’s vehicle, which made a left turn to the left at the two-lanes of the above road, intrudes on the lane on which the Plaintiff’s vehicle is running, and the part in front of the right side of the Plaintiff’s vehicle and the left side of the Defendant’s vehicle,
C. On August 31, 2016, the Plaintiff paid insurance proceeds of KRW 4,522,00 (the deduction of KRW 500,000 on one’s own) with the repair cost of the Plaintiff’s vehicle for the instant accident, and KRW 7,848,400 with the loan cost of KRW 3,326,40 during the repair period.
2. The assertion and judgment
A. In full view of the following circumstances acknowledged by the facts charged as above and the evidence seen earlier, it is reasonable to see that the instant accident occurred by the negligence between both the Plaintiff and the Defendant, and that the rate of negligence was 15% on the Plaintiff’s vehicle and 85% on the Defendant’s vehicle.
① The primary Defendant’s vehicle has entered the three-lane road (the first and second lanes are the two-lanes to the left, and the third lanes are the two-lanes to the right, and the two-lanes are the two-lanes to the right and the right and the right and the right and the right and the right and the right and right and the two-lanes are increased from the point to the right and the right and right and the two-lanes are the four-lane road). At that time, the Defendant’s vehicle first enters the four-lane road.