구상금
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 1,401,672 and to the plaintiff on July 5, 2013.
1.The following facts of recognition may be found either in dispute between the parties or in each entry or video set forth in Gap evidence 1 to 3, 5, and Eul evidence 3 (including branch numbers; hereinafter the same shall apply). It may be admitted by taking into account the overall purport of the pleadings:
The Plaintiff is an insurer which has entered into an automobile comprehensive insurance contract with respect to the Craty Car owned by B (hereinafter referred to as the Plaintiff’s vehicle) including an indemnity insurance contract by the non-insurance vehicle (hereinafter referred to as the “instant special agreement”), and the Defendant is the owner of the Draty car (hereinafter referred to as the Defendant’s vehicle) with which only the liability insurance was subscribed.
B. On February 4, 2013, at around 21:10, the Defendant: (a) driven the Defendant’s vehicle, driving the Defendant’s vehicle in Incheon Seo-gu, Seo-gu, Incheon (hereinafter “instant intersection”) and transferred to the right-hand part of the Plaintiff’s vehicle in B, who was sent to the right-hand part of the front-hand part of the Defendant’s vehicle in front of the left-hand part of the Defendant’s vehicle, sent to the right-hand part of the Plaintiff’s vehicle in front of the instant intersection, from the right-hand part to the right-hand part of the Defendant’s vehicle.
(hereinafter referred to as the “instant accident”). C.
By May 31, 2013, the Plaintiff paid KRW 1,752,090 in total with medical expenses and the amount agreed upon to B as insurance proceeds, according to the instant special agreement.
2. Assertion and determination
A. The plaintiff asserted that the accident in this case occurred due to the plaintiff's mistake in driving the accident in violation of the duty of Jeonju City and duty of changing the lane while the plaintiff's vehicle entered three-lanes of the five-lanes bypassing the intersection in the section where the U-turns can normally make a left-hand turn at the intersection of this case. Thus, the defendant is liable to pay the insurance money that the plaintiff paid to the plaintiff with respect to the accident in this case.
As to this, the defendant did not comply with the duty of the plaintiff vehicle on the front side and the left side.