구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
Plaintiff
Around 16:10 on July 28, 2015, the Defendant’s driver, who was in progress at the left side of the running direction of the Plaintiff’s vehicle, entered the intersection as is without reducing the speed of driving, and met the front left side of the Plaintiff’s vehicle, at the front right side of the Defendant’s vehicle.
By September 7, 2015, the Plaintiff paid KRW 1,439,120 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1 through 12, and the purport of the whole pleadings
2. According to the above facts of recognition, it is reasonable to view that the accident of this case occurred due to the negligence of entering the intersection while the driver of the defendant vehicle who entered the intersection in the intersection neglected the duty of front-way care.
In this regard, the defendant should have confirmed whether the plaintiff vehicle has another vehicle entering the intersection by reducing the speed of the vehicle and having entered the intersection before entering the intersection because the plaintiff vehicle installed a crosswalk and a temporary stop line on the driving lane of the vehicle. However, the defendant argued that the negligence ratio of the plaintiff vehicle related to the accident in this case exceeds 30%, but it is insufficient to recognize that the plaintiff vehicle driver was negligent in violating the duty of safe driving at the time of the accident, and there is no other evidence to acknowledge it.
Therefore, as the Defendant seeks from September 8, 2015, the following day of the payment of insurance money, as the Plaintiff claimed, the amount of KRW 1,439,120 to the Plaintiff.