구상금
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the owner of D Vehicle (blick bus; hereinafter “Defendant Vehicle”).
B. On October 6, 2018, when the Plaintiff’s vehicle is proceeding two lanes in the two lanes near the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, on the other hand, around 13:18, the Defendant’s vehicle proceeding the three lanes on the same road changed its course to the two lanes in order to avoid an irregular vehicle parked on the three lanes, and the Plaintiff’s right side was shocked into the left side of the Defendant’s vehicle.
(hereinafter “instant accident”). C.
On December 5, 2018, the Plaintiff paid KRW 5,380,000 insurance money to the Plaintiff’s vehicle in accordance with the above insurance contract.
[Grounds for Recognition] Unsatisfy, entry and video of Gap evidence 1 to 5, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff asserts that the accident of this case occurred because the defendant vehicle did not secure the safety distance and did not rapidly change its course, and the accident of this case occurred. Thus, the accident of this case occurred due to the whole negligence of the driver of the defendant vehicle.
On the other hand, the defendant asserts that the negligence of the plaintiff vehicle that did not yield the course to the defendant vehicle seeking to change the course is concurrent and the accident of this case occurred.
B. The following circumstances are considered comprehensively taking account of the overall purport of the images and arguments as evidence No. 2, namely, the driver of any motor vehicle: (i) the driver of any motor vehicle who intends to change course is likely to impede normal traffic of another motor vehicle running in the direction of the change; and (ii) the driver of any motor vehicle is obliged to change course when it is likely to impede normal traffic of the motor vehicle running in the direction of the change; and (iii) the driver of any motor vehicle is unreasonably changing the course from the three-lane to the two-lane without securing the safety distance with