구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport:
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the driver of D Vehicle (hereinafter “Defendant Vehicle”).
B. On October 15, 2018, at around 06:32, the Defendant: (a) driven the Defendant’s vehicle and start a two-lane at the intersection near the F Hospital located in Seocho-gu Seoul Metropolitan Government to turn to the left; (b) changed the lane into a one-lane; and (c) changed the right-hand turn to the left at the right-hand end of the Plaintiff’s vehicle, which was turned to the right-hand edge of the Defendant’s vehicle.
(hereinafter referred to as “instant accident”). C.
On December 3, 2018, the Plaintiff paid 4010,000 won as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 and the purport of the whole pleadings
2. Judgment on the plaintiff's right to indemnity
A. In light of the following circumstances, the place where the accident in this case occurred, namely, the vehicle leading lines for left-hand turn on each lane. The defendant did not take measures such as the left-hand turn-hand turn-hand turn-on of the vehicle in the process of changing the lane and turning on the direction, etc., and the plaintiff's vehicle taking measures such as reducing the speed immediately before the accident occurred but it is difficult to avoid collision with the defendant's vehicle entering one lane at a rapid speed. In light of the circumstances of the accident in this case, it is reasonable to deem that the accident in this case occurred by negligence by the defendant.
B. Therefore, pursuant to Article 682(1) of the Commercial Act, the Defendant: 4010,000 won for indemnity to the Plaintiff who acts in subrogation of the Plaintiff’s owner’s right to claim compensation, and 5% per annum prescribed by the Civil Act from December 4, 2018 (the day following the payment date of the Plaintiff’s insurance money) to June 15, 2019 (the delivery date of the instant complaint).