구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).
B. Around 04:50 on May 20, 2018, the Plaintiff’s vehicle discovered the Defendant’s vehicle in progress while driving a two-lane between the three-lanes of the 452 Do-ro, Macheon-ro, Yacheon-ro, Yacheon-ro, 2018, and subsequently overtaking the Defendant vehicle by changing the course to the three-lane, and then, the Plaintiff’s vehicle fell into the right side part of the Plaintiff’s vehicle, which
(hereinafter referred to as “instant accident”). C.
On June 11, 2018, the Plaintiff paid KRW 1,136,940 (excluding self-charges 200,000) as insurance money.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 through 13, Eul evidence Nos. 2 and 3, and the purport of the whole pleadings
2. According to the above facts and the evidence revealed as to the cause of the claim, the accident in this case proceeds at a rapid speed after changing the course to a three-lane in order to overtake the defendant's vehicle, who is facing the two-lanes prior to the plaintiff's two-lanes, while driving on the road bend and bend, and the defendant's vehicle's negligence did not properly examine the movement of the plaintiff vehicle. In full view of the circumstances leading up to the accident in this case, the situation leading up to the collision of the plaintiff and the defendant vehicle, the degree of violation of the duty of care of the plaintiff and the defendant's vehicle, the degree of violation of the above duty of care, and the defendant's vehicle's vehicle's attempt to change the two-lanes from the two-lanes to the three-lanes, it is reasonable to see that the error ratio is 90% of the plaintiff's vehicle and the defendant's vehicle's 10%.
However, the Plaintiff against the Defendant (i.e., KRW 1,136,940 of the total amount of damages of the Plaintiff’s vehicle (i.e., KRW 200,000 of the Plaintiff’s self-paid share of KRW 1,136,940 of the Plaintiff’s insurance money).