구상금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport and purport of the appeal
1. The purport of the claim;
1. At the time of the occurrence of the basic fact-finding accident, the Plaintiff’s vehicle, at the time of the occurrence of the collision between the Plaintiff’s insured vehicle and the Defendant’s insured vehicle in CD D D on December 27, 2019 at the time of the occurrence of the insured vehicle’s accident, and the Plaintiff’s vehicle in the F gas station located in Seo-gu, Busan Metropolitan City (hereinafter “instant gas station”) located in the instant gas station, Seoyang-gu, Busan Metropolitan City, left the gas station after completing the gas station at the instant gas station. The instant accident was caused by the Defendant’s vehicle, which started after completing the gas station at the instant gas station, shocks the left side of the Plaintiff’s vehicle. The amount of the insurance money paid was KRW 13,712,000,000 for the repair cost of the Plaintiff’s vehicle, which was KRW 500,000, Jan. 22, 2020.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5 through 7, Eul evidence No. 1 and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s instant accident was caused by the wind that the Defendant’s vehicle neglected to take the front-way vision while driving the oil, and the Plaintiff’s driver, who was driving at a speed of 17 km per hour, could not avoid any collision with the Defendant vehicle driving at a distance of 17 km per hour. Thus, the instant accident was caused by the previous negligence of the Defendant’s driver.
B. Since the location of the instant accident occurred frequently due to the frequent movement of the vehicle, the driver of the Plaintiff vehicle should have predicted and driven the possibility of driving another vehicle. Therefore, the negligence of the driver of the Plaintiff vehicle who did not avoid any collision with the Defendant vehicle should be fully considered.
3. Determination
A. According to the above basic facts, in the occurrence of the accident of this case, the defendant vehicle completed the main oil and did not properly examine the progress of the vehicle on the front side and caused the main cause of negligence.
B. However, the purport of the entire argument as to the evidence believed above is as follows.