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. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A with respect to B vehicles (hereinafter “Plaintiff vehicle”). The Defendant is the insurer who has entered into an automobile insurance contract with respect to C vehicle (hereinafter “Defendant vehicle”).
B. Around 05:00 on September 23, 2017, the driver of the Defendant vehicle driven the Defendant vehicle and went to the two-lanes of the event distance intersection in Seongdong-gu, Sungnam-gu (hereinafter “instant intersection”), the front part of the Defendant vehicle, who was going to the left left at the intersection in the opposite direction of the Defendant vehicle’s running direction, led to the left left at the intersection in this case, and the part of the Defendant vehicle, who entered the two-lanes of the said Part into the right side of the Plaintiff vehicle and turned to the two-lanes of the said two-lane road in Sungnam-gu.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid insurance proceeds of KRW 32,640 on November 2, 2017 at the cost of repairing the Plaintiff’s vehicle due to the instant accident.
[Reasons for Recognition] The entry of Gap evidence Nos. 4, Gap evidence Nos. 2, 3, Eul evidence No. 1 and the purport of the whole pleadings
2. The parties' assertion and judgment
A. (i) At the time of the Plaintiff’s assertion, the Plaintiff’s vehicle came to turn to the left according to the traffic signal from the front side at the instant intersection, and thus, the Defendant’s vehicle had priority in the traffic relationship with the Defendant’s vehicle making a right-hand turn without being controlled by the traffic signal at the instant intersection. Moreover, even though the Plaintiff’s vehicle first entered the instant intersection and left to the left, the instant accident occurred due to the Defendant’s driver’s breach of the duty of care in the right-hand display at the instant intersection and the duty of care at the time of changing course. The instant accident exclusively
However, the plaintiff paid insurance money of KRW 332,640 to the plaintiff's vehicle's repair cost due to the accident in this case for the insured of the plaintiff's vehicle by subrogation under Article 682 of the Commercial Act.