구상금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
1. Basic facts
A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. Around 17:00 on May 28, 2016, the Plaintiff’s vehicle turned back from the alleyway near the Daejeon Seo-gu Bridge Elementary School, Daejeon, the left front part of the Defendant’s vehicle, which was driven by right from the lower side of the Plaintiff’s vehicle, was shocked with the front part of the Plaintiff’s vehicle’s right rear part.
(hereinafter referred to as “instant accident”). C.
On June 17, 2016, the Plaintiff paid insurance proceeds of KRW 462,500 at the cost of repairing the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 2, video, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that the accident in this case occurred both the negligence of the defendant vehicle that neglected the duty of care and the negligence of the plaintiff vehicle. The plaintiff asserted that the degree of negligence is equal, and claimed an amount equivalent to 50% of the insurance money already paid by the plaintiff as the compensation amount.
In regard to this, the defendant asserted that the accident of this case occurred due to the whole negligence of the plaintiff's vehicle that did not properly look at the vehicle that was driven in the future while moving back, and thus, the defendant does not have the obligation to pay the compensation to the defendant.
B. The following circumstances acknowledged by comprehensively considering the overall purport of the pleadings in the images of evidence Nos. 3, 4, and 1 and 2, namely, the instant accident site is a narrow channel where only one vehicle can proceed due to a vehicle parked around it. The Plaintiff’s vehicle, while in the instant accident site, is a vehicle with a third vehicle driven in the opposite part while driving in order to yield the course of the vehicle, is somewhat urgent.