구상금
1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.
The defendant shall make the plaintiff 1,857.
1.The following facts of recognition may be found either in dispute between the parties or in combination with the overall purport of the pleadings and videos set out in Gap evidence 1 to 7, Eul evidence 1 to 5, and 7 (including paper numbers):
The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter referred to as “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B (hereinafter referred to as “Defendant”).
B. On November 7, 2015, the driver of the Defendant vehicle changed the three lanes from three lanes to four lanes from three lanes on the front road in Seo-gu Daejeon, Daejeon (hereinafter “instant road”) to the right side of the Defendant vehicle while driving along the right side of the instant road from the Gaman Underground street, and received the part of the left front part of the Plaintiff vehicle to the right side of the Defendant vehicle.
(hereinafter referred to as “instant accident”). C.
On December 24, 2015, the Plaintiff paid KRW 6,190,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.
2. The parties' assertion
A. The driver of the Defendant vehicle asserted by the Plaintiff was changed rapidly from the third lane of the instant road to the fourth lane, and the Plaintiff’s vehicle was driven by the Plaintiff.
Therefore, since the accident of this case occurred by the whole negligence of the driver of the defendant vehicle, the defendant is obligated to pay the amount stated in the claim to the plaintiff.
B. If the driver of the Plaintiff’s vehicle, who claimed by the Defendant, thoroughly and speeded the front-round city and yield the course to the Defendant, the instant accident occurred because the instant accident occurred, even though it did not occur, while driving the vehicle was proceeding at a speed without driving.
Therefore, 40% of the negligence of the driver of the plaintiff vehicle should be recognized.
3. Determination
A. According to the evidence and the overall purport of oral argument as seen earlier in relation to the occurrence of the instant accident, the background leading up to the instant accident.