구상금
1. The plaintiff's appeal is dismissed.
2. Of the appeal costs, the part pertaining to the participation in the appeal shall be borne by the Intervenor.
On July 16, 2018 at the time of the accident, the insured vehicle EF date on July 16, 2018 at the time of the accident, and the front part of the Defendant vehicle to make a right-hand to the five-lane from the two-lane distance collision situation in front of the Sindon Nowon-dong, the return road at the time of the accident, and the part on the left side of the Plaintiff vehicle located on the four-lane, 6,200,600 won (the amount calculated by subtracting the self-paid charge from the total repair cost of KRW 6,70,600) [the amount calculated by subtracting the amount of KRW 500,000 from the gross repair cost of KRW 6,70,60] The background of the accident in this case on August 21, 2018 [based on recognition], the entry or video of the evidence No. 1-8, and No. 1 to No. 13 of this case
2. Determination
A. In light of the following circumstances, it is reasonable to view the respective fault ratio of the instant accident as 10% on the Plaintiff’s vehicle and 90% on the Defendant’s vehicle.
① While running along a two-lane, the Defendant’s driver attempted to rapidly change the lane to the five-lane, which is the exclusive lane prior to the right of way on the crosswalk, in which the change of the lane is prohibited.
On the other hand, the driver of the plaintiff's vehicle (the plaintiff's supplementary participant C) was driving the four lanes in normal terms according to the new subparagraph.
Therefore, the main fault of the instant accident should be deemed to exist in the driver of the Defendant vehicle.
② However, as the Plaintiff’s driver could be aware that the Defendant’s vehicle attempted to make a right-hand way even at a relatively short distance (40 meters), it appears that he neglected to ensure the safety of the Defendant’s vehicle by reducing the speed, etc. while driving the movement, and it is reasonable to view the negligence ratio to the extent of 10% in total.
B. The Plaintiff’s insurance money of this case within the scope of indemnity is paid on the basis of the security for self-vehicle damage, and the security for self-vehicle damage has a compensatory nature of the insurance premium paid to the insurer by not later than the time against the occurrence of the insurance accident.