구상금
1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.
1. Basic facts
A. The Plaintiff is an insurer who has concluded a motor vehicle insurance contract with D (hereinafter “Defendant”) with respect to the vehicle C (hereinafter “Plaintiff”).
B. At around 14:00 on February 9, 2019, in Bupyeong-gu, Incheon, Bupyeong-gu, the accident occurred where the front part of the Defendant’s vehicle that was bypassed along the three-lanes in the direction of the F market in the direction of the F market and the front part of the Defendant’s vehicle that was bypassing along the three-lanes in the direction of the F market from the Samsan Scagle distance, facing the two-lanes in the direction of the F market (hereinafter “instant accident”).
C. On April 5, 2019, the Plaintiff paid KRW 6,723,00 at the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence No. 1 and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the vehicle was normally straighted and passed through the intersection in accordance with the straight line, and the instant accident occurred due to the Defendant’s vehicle’s right-hand part of the front part of the Plaintiff’s vehicle’s left-hand part, by making a sudden right-hand turn by violating the crossing method under the Road Traffic Act.
Therefore, the instant accident occurred due to the total negligence of Defendant vehicle.
B. The Plaintiff’s vehicle could be sufficiently aware of the Defendant’s vehicle that was bypass at his own rear side before the instant accident occurred, and thus, the Plaintiff’s vehicle is also negligent in violating the duty of care to prevent the said accident, such as driving and speeding.
3. Prior to the determination, various circumstances revealed by the facts of recognition and the evidence as seen earlier, namely, ① the Plaintiff’s vehicle, prior to the occurrence of the instant accident, was in a normal direct position and passed through the intersection, and the Plaintiff’s vehicle was too heavy and excessive, and ② the Plaintiff’s vehicle is difficult to find.