구상금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. Around 07:30 on January 7, 2017, the Plaintiff’s vehicle is running one lane of the two-lane road in the direction of the air through the straight-line signal at the Sacheon-si Intersection Macheon-si, Seocheon-si, Incheon-si, in accordance with the straight-line signal at the Sacheon-si Intersection, and there was an accident of collision between the front part of the driver’s seat of the Defendant’s vehicle and the front part of the driver’s seat of the Plaintiff’s vehicle and the front part of the driver’s seat of the Plaintiff’s vehicle, which had been moving to the non-protection seat in the direction of the opposite direction, from the
(hereinafter referred to as “instant accident”). C.
By March 10, 2017, the Plaintiff paid insurance proceeds of KRW 15,251,490 in total with the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2, and the purport of the whole pleadings
2. The parties' assertion that the accident in this case occurred from the whole negligence of Defendant 1 who carried out a non-protective line without examining the passage of the straight-on vehicle. On the other hand, the Defendant asserts that the Plaintiff also failed to temporarily stop the vehicle without due care for left-hand turn, and that the negligence ratio reaches at least 20%.
3. The following circumstances acknowledged by the above facts of recognition and the evidence mentioned above, i.e., vehicles left left the left in the area of the non-protection line, are required to turn to the left in a way that does not interfere with the passage of the straight-on vehicle while paying attention to the vehicle from the opposite direction in a manner that does not obstruct the passage of the straight-on vehicle. ② While the vehicle of the Plaintiff was passing through the straight-distance crossing in accordance with the straight-on signal, the Defendant vehicle attempted to turn to the straight-on line without using the direction direction, etc. ③ the driver of the Plaintiff vehicle.