구상금
1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the additional payment order under paragraph (2) below.
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).
B. On February 21, 2019, at around 13:59, the Defendant’s vehicle stopped along the three-lanes of the third-lane road (hereinafter “instant road”) on the street of the E-building at the Namyang-si, the Defendant’s vehicle: (a) entered the two-lanes; (b) the part of the Defendant’s vehicle driving ahead of the Defendant’s seat; and (c) the part of the Defendant’s vehicle driving along the two-lanes of the instant road was shocked by even the chief door of the Plaintiff’s vehicle, which driven along the two-lanes of the instant road.
(hereinafter referred to as “instant accident”). C.
On February 28, 2019, the Plaintiff paid KRW 2,695,000 (excluding self-paid KRW 200,000) for the repair cost of the Plaintiff’s vehicle due to the instant accident as insurance proceeds.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 4, and the purport of the whole pleadings
2. Determination:
A. The Plaintiff’s assertion 1) The instant accident occurred by shocking the Plaintiff’s vehicle that was driven in normal conditions, while the Defendant’s vehicle was under stop. As such, the instant accident occurred by the front negligence of the Defendant vehicle. The instant accident occurred by the front negligence of the Defendant vehicle. The instant accident occurred by the Defendant’s negligence, which did not give due attention to the change of the front line of the Defendant vehicle and the Defendant’s vehicle’s negligence. Therefore, the Defendant’s fault ratio of the Plaintiff vehicle in the instant accident is at least 30%.
In addition, the amount of indemnity should be calculated in consideration of the self-paid share of the insured of the plaintiff vehicle.
B. The following circumstances, i.e., the Defendant’s vehicle stops on the three-lanes of the instant road at the time of the instant accident, i.e., the Defendant’s vehicle stops on the three-lanes of the instant road at the time of the instant accident, based on the overall purport of the arguments, and ii).