구상금
The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.
The defendant.
1. On September 21, 2018, when the insured vehicle C (hereinafter “Plaintiff”) D (hereinafter “Defendant”) of the insured vehicle in the insurance relation as at the time of the accident involving recognition, one of the two-lanes of the two-lanes of the collision situation in the lightyang city at the location around 18:40 on September 21, 2018 at the time of the accident involving recognition, the Defendant vehicle in the one-lane area at the first two-lanes of the vehicle, where there was no body body, has driven by the vehicle, and the two-lanes of the vehicle, while the vehicle in the first two-lanes of the two-lanes of the vehicle, there was no dispute over the payment of the insurance money after deducting KRW 20,000,000 from the repair cost of the Plaintiff vehicle on November 15, 2018 at the right side of the Defendant vehicle, with the payment of insurance money of KRW 2,079,000,000 on the front side of the Defendant vehicle.
2. Determination
A. The instant accident at fault occurred due to the negligence of the driver of the Defendant vehicle who changed the sudden course without securing the safety distance.
The defendant asserts that the driver of the plaintiff vehicle was negligent on the part of the driver of the plaintiff vehicle, on the ground that the driver operated the right direction.
However, as long as the defendant vehicle has changed the course from the plaintiff vehicle and the ground of the land without securing the safety distance, the driver of the plaintiff vehicle as the driver of the vehicle could not have predicted or avoided it, so the negligence cannot be recognized.
Defendant’s assertion is without merit.
B. Insurance money paid by the Plaintiff for indemnity was paid on the basis of its own vehicle damage security, and its own vehicle damage security is distinct from the liability for damages borne by the Plaintiff to the insurer up to the time of the occurrence of the insurance accident. It is true that the Plaintiff did not compensate for the damages of the part corresponding to the amount of the insured’s own share out of the damages of this case.
(e).