구상금
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid contractor who has entered into a mutual aid agreement with respect to the vehicle B (hereinafter “Defendant”).
B. On April 7, 2015, around 11:36, 2015, the Plaintiff’s vehicle proceeded along with the first lane around the entrance of the 1118 e-mail parking lot, the upper end of the 118 e-mail parking lot, and tried to move along the second lane while changing the two lanes. At the time, the Defendant’s vehicle, which was going along the second line after the Plaintiff’s vehicle, did not avoid the Defendant’s vehicle that was going along the second line, and did not shock the front part of the Defendant’s vehicle on the left side of the entrance.
(hereinafter “instant accident”). C.
Due to the instant accident, C was injured due to the instant accident, and the Plaintiff spent KRW 5,641,710 in total as the medical expenses and damages for C until January 23, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings
2. Determination
A. At the time of the Plaintiff’s assertion, the Defendant’s vehicle stopped on the two-lanes without permission, thereby obstructing the right-hand of the Plaintiff’s vehicle. Since the Defendant’s vehicle neglected to stop on the front side and the said accident occurred, the responsibility ratio of the Defendant’s vehicle regarding the accident is 50%.
(b) Where a driver of any motor vehicle intends to change course and it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change, he/she shall not change his/her course (Article 19(3) of the Road Traffic Act), and where he/she intends to make a right-hand through the intersection, he/she shall proceed slowly along the right-hand side
(Article 25 (1) of the Road Traffic Act). In full view of the purport of the entire arguments, the instant accident is on the second line of the Defendant vehicle.