구상금
1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.
1. The circumstances leading up to the instant accident are as follows.
At the time of the accident, the insured vehicle CD on January 9, 2018, at the time of the accident, the insured vehicle of the Plaintiff insured vehicle CD on January 9, 2018, and the Plaintiff’s vehicle in front of the road collision situation in Ulsan-gu E, Ulsan-gu, is moving to G direction at the intersection near the above place, and the driver’s length was almost completed at the same part as the part of the left side of the Plaintiff’s vehicle, and the driver’s length was shocked behind the right side of the Defendant’s vehicle driving in front of the Plaintiff’s vehicle. The payment of the insurance money was paid to the Defendant’s vehicle, which was 13,162,944 won on March 9, 2018, without any dispute over KRW 300,00 (founded grounds for recognition) of the self-paid fee for the insured vehicle damaged by the Plaintiff’s vehicle, and the purport of the entire pleadings and arguments as a whole.
2. The parties' assertion
A. Although the Plaintiff’s instant accident was able to verify the entry of the Plaintiff’s vehicle, the negligence of the Plaintiff’s vehicle and the negligence of the Plaintiff’s vehicle were concurrent with the Defendant’s insurer, who is the insurer of the Defendant’s vehicle, without considering the flow of the vehicle in progress. As the Plaintiff acquired the right to indemnity pursuant to Article 682 of the Commercial Act, the Defendant is obliged to pay to the Plaintiff the amount equivalent to the percentage of the Defendant’s vehicle’s fault (50%) out of the insurance money paid by the Plaintiff as damages.
B. The Defendant’s instant accident occurred due to the Plaintiff’s fault that the Plaintiff’s vehicle was making a bypass at the five-lanes and immediately making a bypass the three-lane, and the Defendant’s driver was shocked to the rear end of the Defendant’s vehicle, who was in the middle of the three-lanes after completing the normal U.S., and the Defendant’s driver could not avoid the accident. Therefore, the instant accident occurred due to the Plaintiff’s total fault.
3. Determination
A. The following circumstances, i.e., Plaintiff at the time of the instant accident, i.e., the Plaintiff at the time of the instant accident.