구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1.The following facts of recognition may be found either in dispute between the parties or in combination with the overall purport of the pleadings at Gap evidence 1 to 6 (including branch numbers in case of supplemental numbers), Eul evidence 1 to 5.
With respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded each comprehensive automobile insurance contract with respect to the Defendant’s vehicle B (hereinafter “Defendant”).
B. On April 30, 2014, the driver of the Plaintiff’s vehicle that caused the instant accident, driving the Plaintiff’s vehicle on April 18:20, 2014, and driving the Plaintiff’s vehicle along the four-lane road in front of the Shinpo-dong, Geum-gu, Busan (hereinafter “the instant road”) along the two-lanes of the instant road, which changed the lane from the two-lanes to the one-lanes of the Defendant’s vehicle in front of the left side of the Plaintiff’s vehicle and the two-lanes of the driver’s seat to the front side of the right side of the Plaintiff’s vehicle.
(hereinafter referred to as the “instant accident”). C.
On May 16, 2015, the Plaintiff paid insurance proceeds of KRW 265,920 in total to repair companies, etc. due to the Plaintiff’s vehicle repair and parts due to the instant accident.
2. Assertion and determination
A. The Plaintiff’s assertion 1) The instant accident did not turn on the direction direction etc. in the section where the change of lane is prohibited, but occurred due to the unilateral negligence of the Defendant’s driver who changed the lane from the two lane to the one lane. Therefore, the Plaintiff has the right to claim the full amount of the insurance money paid by the Plaintiff to the Defendant, the insurer of the Defendant vehicle, and the compensation for its delay. (ii) The instant accident occurred due to the Plaintiff’s unilateral negligence due to the Defendant’s failure to discover the instant accident even though the Defendant’s vehicle changed the lane from the front section of the Plaintiff vehicle, which was in violation of the Plaintiff’s duty of Jeonju
B. The aforementioned evidence is acknowledged by comprehensively taking account of the overall purport of the pleadings.