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.
사고 당시 보험관계 원고차량 피고차량 C D 일시 2019. 3. 26. 11:00경 장소 부산 해운대구 E에 있는 ‘F’ 식당 앞 도로 사고 상황 ‘ㅓ’자형 교차로에서 직진하던 원고차량의 왼쪽 뒷문 부분과 좌회전하던 피고차량의 앞부분이 부딪쳤고, 그 충격으로 원고차량이 왼쪽으로 회전하면서 그곳 인도에 주차된 피해차량(G)을 들이받음 보험금 지급액 7,486,780원(피해차량 수리비) 담보 대물배상 보험금 최종지급일 2019. 5. 30. 1. 이 사건 사고 경위 [인정 근거] 다툼 없는 사실, 갑 제1~11호증, 을 제1~6호증의 기재 및 영상, 변론 전체의 취지
2. Determination
A. In light of the following circumstances, the instant accident occurred due to the common negligence of the driver of the original vehicle, and the negligence ratio is reasonable to regard 30% of the driver of the Plaintiff vehicle and 70% of the driver of the Defendant vehicle.
① Although the Defendant’s vehicle is installed along with a temporary stop line before reaching the intersection, the Defendant’s driver entered the intersection as is without temporarily suspending or decreasing the speed, and as a result, the instant accident occurred, the principal negligence in relation to the instant accident is attributable to the Defendant’s driver.
② However, even though the driver of the Plaintiff’s vehicle, after the passing of the intersection in the direction of the course, has the safety signs before the intersection is expanded from one lane to three lanes and the intersection is marked, the driver of the Plaintiff’s vehicle committed an act of entering the intersection by leaving the road to port with safety signs at a somewhat rapid speed. In addition, the accident of this case is deemed to have caused the accident of this case. As such, the accident of this case is at least 30% by negligence.
B. There is no dispute over the fact that the Plaintiff’s 7,486,780 won paid at the repair cost of the damaged vehicle is an adequate amount of damages.
Therefore, by paying the above insurance money, the defendant jointly exempted the defendant.