구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with D buses (hereinafter “Defendant bus”).
B. At around 14:51 on June 25, 2019, Defendant bus: (a) left left turn on the left turn at one lane of the two-lanes of the street intersection, the front portion of the Plaintiff bus left left at the right side of the Defendant bus, which had been left at the same direction two-lanes, following the right side of the Defendant bus, at the right side of the Defendant bus.
(hereinafter referred to as “instant accident”). C.
On July 9, 2019, the Plaintiff paid KRW 4,231,750 as insurance money after deducting KRW 200,000 of the self-paid cost for the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1 and the purport of the whole pleadings
2. The parties' assertion
A. The instant accident occurred due to the Plaintiff’s shock of the Plaintiff’s vehicle, which had been normally left at the two-lanes while the Defendant bus attempted to turn to the left at the first lane, and changing the lane to the second lane, and thus, the instant accident ought to be deemed to have occurred due to the fault of the Defendant bus.
Therefore, the defendant is obligated to pay 4,231,750 won and damages for delay, excluding self-charges, out of the insurance money paid by the plaintiff to the plaintiff.
B. The instant accident occurred due to the conflict between the Plaintiff’s vehicle and the Defendant’s bus in front of the Defendant bus in the intersection and attempting to turn back the speed of the vehicle. As such, the instant accident ought to be deemed to have occurred due to the principal fault of the Plaintiff’s vehicle, since the first collision of the right-hand traffic island and the direction lies in the direction of the Defendant bus.
3. Determination
A. The following circumstances, i.e., Defendant 1, which may be acknowledged by adding up the evidence and the purport of the entire pleadings as seen earlier as the facts acknowledged earlier.