구상금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to B vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to C vehicle (hereinafter “Defendant vehicle”).
B. On March 1, 2016, the Defendant’s vehicle driven along the two-lanes of the five-lane road in the parallel line along the Jungdong-gu New Highway, Young-gu, Young-gu, Gungdong-dong, Gungdong-dong, Gungdong-gu, and the two-lanes sharply changed into the three-lanes. Accordingly, depending on the three-lanes, the part of the Plaintiff’s vehicle driven along the rear side of the Defendant’s vehicle and the front part of the driver’s seat of the Defendant’s vehicle and the front part of the front part of the Defendant’s vehicle, the rear part, and the rear part were conflicting.
(hereinafter referred to as “instant accident”). C.
On March 25, 2016, with respect to the instant accident, the Plaintiff paid KRW 8,49,100 as the repair cost for the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 5, 6, Eul evidence 1 and 2, and the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the party's assertion asserts that the plaintiff should pay the insurance money paid by the plaintiff with the indemnity and damages for delay since the accident of this case occurred due to the negligence of the defendant's driver who changed the lane of this case without any signal.
As to this, the defendant asserts that the driver of the plaintiff vehicle, who had been in the main straight line with a good view to securing the view at the time, could easily identify the defendant vehicle in the front line, and therefore, if the plaintiff vehicle yield the course, the accident in this case did not occur, and therefore, the responsibility of the defendant vehicle should be considerably restricted.
B. The following circumstances, i.e., the place where the instant accident occurred, which is recognized by taking account of the above evidence, are the expressway, and the expressway is a vehicle compared to the general road.