구상금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is an insurance company that entered into an automobile insurance contract with respect to C vehicle (hereinafter “Plaintiff”), and the Defendant is an insurance company that entered into an automobile insurance contract with respect to D vehicle (hereinafter “Defendant vehicle”).
B. At around 15:00 on July 3, 2019, the Defendant’s vehicle, within the intersection of the Seoul Special Metropolitan City, the Seoul Special Metropolitan City, the Seoul Special Metropolitan City, and the Plaintiff’s vehicle, prior to the intersection of the two-lane road prior to the right intersection, entered the intersection. The Defendant’s vehicle runs along the two-lane road prior to the intersection of the two-lane road, and entered the intersection into the intersection, while entering the intersection, the front side of the Plaintiff’s vehicle’s driver’s seat, which entered the intersection without the right intersection from the two-lane prior to the intersection, was shocked to the right direction of the Defendant vehicle.
(hereinafter “instant accident”). C.
On July 10, 2019, the Plaintiff paid 849,000 won, excluding 200,000,000 won of the insured’s self-charges, among the total damages, such as the repair cost, etc. of the Plaintiff’s vehicle due to the instant accident, as insurance proceeds, to the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, Eul evidence 1 and 2, video, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserts that the instant accident was caused by the unilateral negligence of the Defendant’s vehicle, even though the Plaintiff’s vehicle entered the intersection prior to the passage of the Plaintiff’s vehicle, and that the instant accident was caused by the Defendant’s unilateral negligence, by failing to enter the vehicle following the Plaintiff’s vehicle, and by shocking and proceeding the Plaintiff’s vehicle. In this regard, the instant accident entered the intersection without bypassing the Plaintiff’s vehicle from the two-lanes prior to the right edge, and the instant accident was caused by the Defendant’s unilateral negligence, such as going back on the right edge of the Defendant’s vehicle, and thus, the instant accident was caused by the Defendant’s violation of the traffic method of the intersection and the direction of the road.