구상금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to APoter Cargo (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into a comprehensive automobile insurance contract with respect to B APoter Vehicle (hereinafter “Defendant Vehicle”).
B. On November 13, 2014, at around 11:30, 201, C driven the Plaintiff’s vehicle at the Saero apartment-distance Intersection 313-3, Gangnam-gu, Seoul, and parked on the two-lane road (hereinafter “instant road”) along the right-hand side in the direction of the proceeding, and the vehicle parked on the two-lanes in the right-hand side of the right-hand side. On the other hand, at the time of the Plaintiff’s running of the said intersection, C brought the right-hand side of the Defendant’s vehicle, which entered the instant road, to the left-hand side of the front side of the Plaintiff’s vehicle.
(hereinafter “instant accident”). C.
On December 31, 2014, the Plaintiff paid KRW 149,800 to the repair business entity for the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Based on Recognition] Items A 1 through 4, Eul 1 through 4 (including paper numbers), the purpose of the whole pleadings and arguments
2. The parties' assertion and judgment
A. The Plaintiff asserted that the instant accident was caused by shocking the Plaintiff’s vehicle located in the two-lanes of the instant road after the Defendant’s vehicle left the left, and the vehicle was changed from the first lane to the second lane of the instant road. As such, the Plaintiff asserted that the Defendant’s negligence on the instant accident was more than 70%, and claimed that the Defendant’s payment of KRW 104,860 corresponding to the fault portion of the Defendant’s vehicle among the above insurance money paid by the Plaintiff to the Defendant and the delay damages therefrom.
In this regard, the defendant will make a great round at the boundary of the first and second lanes of the road in this case where the plaintiff's vehicle is parked in the second way on the right side of the proceeding direction.