구상금
1. Of the judgment of the court of first instance, the part of the plaintiff's failure ordering payment is revoked.
2. The defendant on 268. 268
1. Basic facts
A. The Plaintiff is an insurer who has concluded an insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant”).
B. At around 15:50 on January 22, 2018, the Defendant vehicle entered the road in front of the landing bridge in the direction of the Plaintiff vehicle to the left side of the driving direction of the vehicle, and the lower part of the Plaintiff vehicle’s left side was shocked.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid KRW 596,600, and KRW 300,000, total amount of KRW 896,600, and KRW 896,600, with the exception of self-charges for the damages incurred to the Plaintiff’s automobile repair costs due to the instant accident.
The first instance court recognized the fault ratio of the plaintiff's vehicle and the defendant's vehicle in relation to the instant accident as 4: 6.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5-11 (including paper numbers) and the purport of the whole pleadings
2. Determination:
A. The plaintiff asserts that the accident of this case occurred due to one-way negligence driven by the defendant vehicle in the direction that it is impossible to make a right-hand.
On the other hand, the defendant asserts that since there is little possibility that the driver of the plaintiff vehicle sustained the injury due to the minor accident of this case, 40% of the fault ratio of the plaintiff vehicle should be appropriate as the judgment of the first instance court, and 300,000 won of the insurance money and the insurance money paid for the future treatment costs should be excluded from the indemnity amount.
B. According to the above evidence, ① at the time of the instant accident, the Defendant’s vehicle entered the right side of the Defendant’s vehicle from the side side, which is a one-lane, to the right side of the side of the Defendant’s vehicle, while temporarily stopping to the right side, and ② entering the right side of the Defendant’s vehicle.