구상금
1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), respectively, with respect to the automobile D (hereinafter “Defendant vehicle”).
B. Around 18:00 on August 30, 2019, the Plaintiff’s vehicle was facing a shock with the Defendant’s vehicle that entered the side road, while keeping straight along a shooting distance without the front signal light in Ulsan-gun E, Ulsan-gun.
(hereinafter referred to as “instant accident”). C.
On September 30, 2019, the Plaintiff paid KRW 3,251,200 (excluding self-paid 500,000,000) as insurance money at the repair cost of the Plaintiff’s vehicle due to the instant accident.
【Facts without dispute over the basis of recognition, Gap evidence 1 through 11, Eul evidence 1 through 7 (including each number), and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that the defendant's vehicle was responsible for the full-time negligence on the defendant vehicle because the defendant vehicle want to turn to the left at the left side, and thus, the plaintiff's vehicle should yield the course to the plaintiff's vehicle who was straight at the same time and attempted to turn to the left at an unreasonable level while the accident of this case occurred.
In this regard, the defendant, in the case of a vehicle passing through an intersection, has a preferential right of passage on the defendant vehicle, which is the right side of the road, but the plaintiff vehicle does not temporarily stop before the intersection, and the accident of this case occurred at the right side without reducing the speed, so at least 70% of the negligence of the plaintiff vehicle should be recognized.
B. The following circumstances, i.e., (i) the location of the instant accident is the intersection of a private distance without signal, (ii) the road on which the Plaintiff’s vehicle was in progress, and the road on which the Defendant’s vehicle was in progress is a side road with a house, and (iii) the Plaintiff and the Defendant respectively.