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. Basic facts
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 28, 2018, around 19:25, in the vicinity of the intersection in front of the Sinsan-si Sinsan-si, the Plaintiff’s vehicle and the Defendant’s vehicle moved into the Dong unit from the offside of the Silsan-si to the E apartment room. On the other hand, there was an accident that shocks on the left side of the Plaintiff’s vehicle and the right side of the Defendant’s vehicle (hereinafter “instant accident”).
C. On April 5, 2018, the Plaintiff paid KRW 9,700,000 for the repair cost of the Plaintiff’s vehicle, except for KRW 500,000,000, as the insurance money according to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7, Eul evidence 2 and 3 (including each number in case of additional evidence)
2. Determination
A. According to the evidence revealed prior to the determination of the percentage of fault, the vehicle of the Plaintiff and the Defendant’s vehicle are running along the intersection to the right-hand side from the intersection immediately preceding the intersection to the intersection. A new one-lane for left-hand turn on the left-hand side, separate from the existing one-lane, the Defendant’s vehicle driving along the existing one-lane to the right-hand side. On the other hand, the vehicle was driven along the vehicle waiting to turn to the right-hand side on the new one-lane, and the vehicle driven to the right-hand side. On the other hand, the Plaintiff’s vehicle was shocked with the Defendant’s vehicle while driving to the right-hand side at the right-hand side of the Defendant’s vehicle. On the other hand, the part left-hand side of the Plaintiff’s vehicle was shocked by the Defendant’s vehicle, and it was relatively unfolded at the time of the instant accident.
Considering such circumstances as the background leading up to the instant accident, the traffic situation at the time, and the shock.