구상금
1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.
2. The costs of appeal and the incidental costs of appeal shall be individually considered.
1. Basic facts
A. The Plaintiff is an insurance company that entered into an automobile comprehensive insurance contract with C and D rocketing car (hereinafter “Plaintiff”).
B. On September 12, 2017, the wife E driven the Plaintiff’s vehicle on September 12, 2017, and was driving the Plaintiff’s vehicle at the 08:22, the one-lane between the two-lanes of the 135-lanes in the 135-lanes in the private sports field and the F elementary school.
E. The Defendant: (a) laid the crosswalk without signal lights installed on the above road on the bicycle riding; (b) discovered the Plaintiff’s vehicle at the latest, and was driven by it, but the Defendant did not avoid, and there was an accident that the left part of the Plaintiff’s vehicle and the front part of the vehicle go beyond the future (hereinafter “instant accident”).
C. On September 21, 2017, the Plaintiff spent 196,000 won (=396,000 won - the contractor’s own charges of KRW 200,000) at the repair cost of the Plaintiff’s vehicle according to the instant insurance contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 9, or the purport of whole pleadings
2. Determination
A. According to the above recognition of the Defendant’s liability for damages, the Defendant, while towing the bicycle and cutting the crosswalk, caused the instant accident by negligence while getting off the bicycle under Article 13-2(6) of the Road Traffic Act and passing over the crosswalk. Therefore, the Defendant is liable to compensate the Plaintiff’s owner of the Plaintiff’s vehicle for damages caused by the instant accident. (ii) On the lane facing the direction of the Plaintiff’s restriction on liability, the Defendant did not properly ensure that the vehicle stops on the one hand due to the stop of the vehicle, and the driver of the vehicle must temporarily stop in front of the crosswalk so as not to obstruct the passage of the pedestrians or endanger them.
Article 27 (1) of the Road Traffic Act, E, the driver of the plaintiff vehicle, is in front of the crosswalk.