구상금
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
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.
On May 20, 2017, May 23:45, 2017 at the time of the accident, the insured vehicle CD of the insured vehicle of the Plaintiff at the time of the accident, when the vehicle in the situation of road collision near the non-furned intersection of the non-furned intersection, passes through the intersection in the direction of the water source from the south side of the above location at the non-furned intersection of the above location, the vehicle of the Plaintiff is facing U.S. with the three lanes in the direction of the Plaintiff’s vehicle driving. As the vehicle of the Defendant obstructed the three lanes in the direction of the Plaintiff’s driving, the lower part of the vehicle loaded on the right side of the Plaintiff’s vehicle and the upper part of the vehicle of the Plaintiff’s front end of the vehicle of the vehicle of the Plaintiff’s repair on September 29, 2017, which caused the conflict between the insurance money paid in KRW 13,510,000 (no one’s own charge is any ground for recognition) / [Article 6].
2. The parties' assertion
A. Plaintiff 1) The instant accident occurred due to the total negligence of the Defendant’s driver of the Defendant’s vehicle who illegally driven in violation of Article 18(1) of the Road Traffic Act by blocking all three vehicle lines at night without taking preventive measures against the accident. The Plaintiff’s driver, who was a driver of the vehicle, could anticipate or avoid the Defendant’s vehicle parked in the flabing section, without occupying multiple lanes in the flabing intersection. Thus, the Defendant is obliged to pay the Plaintiff the total repair cost paid by the insurer who acquired the right to claim damages by subrogation. 2) Even if not, the Defendant’s fault of the Defendant’s vehicle should be recognized by adding more weight than the percentage recognized in the first instance trial.
B. At the time of the instant accident, the driver of the Plaintiff’s vehicle was in the speed of at least 82 kilometers per hour, and was negligent in not discovering the Defendant vehicle due to the failure to properly display the front section, and the above fault ratio of the Plaintiff vehicle is at least 20%, and thus, the amount of damages for the instant accident is calculated.