구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The circumstances leading up to the instant accident are as follows.
On February 1, 2019 at the time of the accident, the insured vehicle CD of the insured vehicle of the Plaintiff at the time of the accident, when the vehicle of the Plaintiff was driving in the direction of the ridge distance in the direction of the ridge distance in the direction of the above 3-lanes of the said place, the vehicle of the Plaintiff was driving in the direction of the ridge distance between the three-lanes of the said place at the time of the accident. The vehicle of the Defendant, who was driving in the same direction at the two-lanes of the front direction, stopped the vehicle while changing the three-lane course in order to let the passengers get out of the vehicle, and the vehicle of the Defendant, who was driving in the same direction of the same direction, conflicts with the upper part of the vehicle of the Plaintiff on February 22, 2019 with the lower part of the insurance money paid in KRW 4,640,000,000 (based on recognition), the purport of the entire pleadings as a whole.
2. The parties' assertion
A. The accident of this case occurred due to the former negligence of the Defendant’s driver who suddenly stopped the vehicle due to a sudden change in the course of the vehicle without operating the direction engine, and thus, the Defendant is obliged to pay the Plaintiff the full amount of the repair cost paid by the Plaintiff who acquired the claim for damages by subrogation of the insurer.
B. Notwithstanding the fact that the driver of the Plaintiff’s vehicle could easily discover the Defendant vehicle while operating an emergency stop, etc. in a considerable distance from the Plaintiff’s vehicle, the instant accident occurred at the wind that the Plaintiff’s vehicle driver failed to reduce the speed, and thus, the Plaintiff’s negligence should be considered in calculating the amount of damages caused by the instant accident.
3. Determination
A. According to the facts found in the above basic facts, the driver of the Defendant vehicle according to the video of Gap evidence No. 3, in particular, the driver of the Defendant vehicle.