구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who has concluded an automobile mutual aid contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).
On December 10, 2018, around 06:28, in the course of changing the lane from the one lane to the two lanes, the plaintiff vehicle and the defendant vehicle, which had a different front and rear from the other lane in the right side of the plaintiff vehicle in the area of the main road in Seongbuk-gu, Sungnam-si, Sungnam-si, caused a traffic accident where the defendant vehicle shocks the front side of the plaintiff vehicle into the left side part.
On January 16, 2019, the Plaintiff paid KRW 1,776,00,00 after deducting KRW 444,00 as the repair cost of the Plaintiff’s vehicle.
[Reasons for Recognition] Facts without dispute, the whole documentary evidence, and the purport of the whole pleadings
2. Determination
A. Comprehensively taking account of the following circumstances acknowledged by the evidence of this case as to the ratio of liability, it is reasonable to view the ratio of liability between the Plaintiff and the Defendant’s vehicle as 20:80.
원고차량이 오른쪽 깜빡이를 켜고 2차로로 차로 변경을 시도하자, 후행하던 피고차량은 속도를 높여 2차로로 먼저 차로를 변경하여 2차로에 약간 진입한 원고차량의 오른쪽으로 원고차량을 앞지르기하였다.
The defendant's vehicle seems to be shocking the plaintiff's vehicle while driving the plaintiff's vehicle and driving it toward the left side without properly examining the movement.
At the time, the defendant vehicle possessed a considerable part of the two lanes, and the plaintiff vehicle was driven by the defendant vehicle with only the right wheels on the two lanes (it is thought that the plaintiff vehicle had not been trying to complete the change of the two lanes after the passage of the year). If the defendant vehicle is trying to get the vehicle on the front of the plaintiff vehicle while paying attention to the movement of the vehicle, it is likely that the accident of this case did not occur.