구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. Basic facts
A. As to the Plaintiff’s automobile C (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurance company that acquired each automobile insurance with respect to D Motor Vehicle (hereinafter “Defendant’s vehicle”).
B. On November 4, 2018, around 13:08, the driver of the Defendant’s vehicle driven the three-lane in the inner circulation in the Southern East-dong, Seodaemun-gu, Seoul, and caused the Plaintiff’s vehicle following the two-lanes by changing the two-lane from the white real line section where the change of lanes is prohibited.
(hereinafter referred to as “instant accident”). C.
On December 5, 2018, the Plaintiff paid to E Company KRW 29 million calculated by subtracting KRW 500,000 of the Plaintiff’s self-paid share from the cost of repairing the Plaintiff’s vehicle due to the instant accident.
[Reasons for Recognition] Facts that there is no dispute or the defendant does not clearly dispute, Gap evidence Nos. 2, 8, Eul evidence Nos. 4 or video, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition of liability, it is evident that the defendant's driver is liable to compensate for the damage caused by the accident in this case, and the defendant also does not dispute the above.
Therefore, the following should be considered only for the ratio of liability of Defendant vehicle and the amount of indemnity.
B. In full view of the facts acknowledged prior to the ratio of liability, the Plaintiff’s driver also changed the lanes in the white line section immediately before the Defendant’s vehicle changes the lane (it is not possible for the Plaintiff’s driver to claim the trust of the Defendant’s driver), and if the Plaintiff’s driver did not neglect his duty of front-time watching, it is possible to find out the Defendant’s vehicle at a considerable distance to trying to change the lane. Nevertheless, the instant accident occurred without taking appropriate measures to prevent accidents, such as speeding.