구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The circumstances leading up to the instant accident are as follows.
At the time of the accident, the insured vehicle CD on August 16, 2018 at the time of the insured vehicle, the insured vehicle CD on August 16, 2018, proceeding one lane in the situation of the collision between the sub-Dong-dong and the sub-dong sub-dong in the Hadong-dong, Hadong-dong,
Two-lanes are proceeding on the plaintiff's vehicle and the rear side.
The fact that the defendant's vehicle entering into force has no dispute over KRW 200,000 (based on recognition) of self-payment of the insured self-payment of the insured self-payment of KRW 233,500,00 for the insured self-payment of the collision insurance money, and the statements or images of evidence A, and the purport of the
2. Determination
A. The accident of this case appears to have occurred as the driver of the plaintiff vehicle entered the lane rapidly in order to enter the lane in the intersection. However, in light of all the circumstances that can be acknowledged by the evidence that the previous plaintiff vehicle driver could have predicted the entry of the vehicle, such as the place of the accident, and the conflict part, it is reasonable to deem that the accident of this case was caused by the negligence of the driver of the defendant vehicle who caused the change of the vehicle as soon as possible by the negligence of the driver of the plaintiff vehicle and the negligence of the driver of the vehicle of this case who neglected the duty of front-time care, and that the rate of negligence is 6:4.
B. The Plaintiff paid the insurance money based on the security for self-vehicle damage, and the security for self-vehicle damage has the nature of a consideration for the insurance premium paid to the insurer up to the time of the occurrence of the insurance accident by the policyholder. It is separate from the liability for damages borne by the driver of the Defendant vehicle. The Plaintiff did not compensate for the part of the amount corresponding to the insured's own share out of the damages suffered by the Plaintiff.
Therefore, in this case, the insured of the insurance contract for the plaintiff vehicle is not compensated for the remainder of the insurance money received from the plaintiff who is the insurer.