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. The fact that the Plaintiff is the insurer of the vehicle C (hereinafter “Plaintiff”), and the Defendant is the insurer of the vehicle D (hereinafter “Defendant vehicle”), and the Plaintiff’s vehicle is the insurer of the vehicle D (hereinafter “Defendant”), and the Plaintiff’s vehicle is proceeding with slowly driving and stopping in the vehicle section in front of the exit outlet in the Namyang-dong, Namyang-dong, Namyang-dong, Namyang-si, Namyang-si, Namyangyang-si, Seoul around 09:10 on June 23, 2017. However, while the Defendant’s vehicle in the left-hand side of the Plaintiff vehicle while driving the vehicle, the vehicle was destroyed by the instant accident (hereinafter “instant accident”), and the Plaintiff’s vehicle was destroyed by the instant accident, and the Plaintiff’s expense KRW 500,00,00 after deducting its own share at its repair cost, and the payment of KRW 14,520,000 can be acknowledged by adding the purport of evidence No. 1 to No. 8, and No. 14 or video evidence No.
2. The first instance court held that the instant accident was caused by the competition between the Plaintiff’s driver and the Defendant’s driver’s negligence, and accordingly, the Plaintiff asserted that the instant accident was caused by the former fault of the Defendant’s driver.
However, the following circumstances, i.e., the Plaintiff’s vehicle was driven ahead of the Defendant’s vehicle, i.e., the Plaintiff’s vehicle was driven ahead of the Defendant’s vehicle, and the instant accident occurred while proceeding close to the Defendant’s vehicle to overtake the Defendant vehicle. ② The Plaintiff asserted that the Defendant’s vehicle was unilaterally shocked between the Defendant’s vehicle stops to yield the Defendant’s course. However, in light of the running route of the Plaintiff’s vehicle before the instant accident occurred, it appears that the Plaintiff’s stopping immediately before the instant accident occurred was not for the Defendant’s vehicle to yield its way first, and ③ the Plaintiff’s vehicle is more than the Plaintiff’s vehicle before the instant accident occurred.