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 following facts of recognition may be found either in dispute between the parties or in the entries and images of Gap evidence Nos. 1 to 3, 5, 7, 9, 10 (including paper numbers), Eul evidence No. 2, together with the purport of the whole pleadings:
The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter referred to as “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B (hereinafter referred to as “Defendant”).
B. On March 18, 2016, around 15:55, the driver of the Plaintiff’s vehicle driven one lane from among the Drown-gu Drown-si Drown-si Drown-do Drown-dorown-dor Road (hereinafter “instant road”) to the area of the fish-frack household complex from the back of the fish-frack distance. However, the Defendant’s vehicle driven along the two-lane line, which is the straight line before the right-way (hereinafter “instant intersection”) came to the intersection, and came to the straight line, the straight line, and the part of the front side of the Plaintiff’s vehicle was cut to the front side of the Defendant’s left side.
(hereinafter referred to as “instant accident”). C.
On March 30, 2016, the Plaintiff paid KRW 4,973,00 at the repair cost of the Plaintiff’s vehicle due to the instant accident.
2. The parties' assertion
A. The driver of the Defendant vehicle asserting the Plaintiff’s assertion was driving along the two-lanes that are the right line before the right line, and was rapidly changed from the entrance of the intersection where the change of the vehicle line is prohibited to the one-lane straight line, and was led to the Plaintiff’s vehicle.
Therefore, since the accident of this case occurred by the whole negligence of the driver of the defendant vehicle, the defendant is obligated to pay the amount stated in the claim to the plaintiff.
B. If the driver of the plaintiff vehicle alleged by the defendant thoroughly and yield the course to the defendant vehicle, the accident of this case would not have occurred but proceed at a speed without driving, and thus, the driver of the plaintiff vehicle proceeded at the same time.