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. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A with respect to B vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into an automobile insurance contract with C with respect to the vehicle D (hereinafter “Defendant vehicle”).
B. On October 6, 2014, around 15:48, the Plaintiff’s vehicle entered the first lane by changing the two-lanes near the Daegu Bank Sasan-dong, into the second lane. As a result, there was an accident that conflicts with the Defendant’s vehicle that had driven the first lane (hereinafter “instant accident”).
C. On October 14, 2014, the Plaintiff paid KRW 800,000 to E with insurance proceeds from the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence 1 (including branch numbers for those with branch numbers; hereinafter the same shall apply), Eul evidence 1, Eul evidence 2, the video of Eul evidence 2, the purport of the whole pleadings
2. The plaintiff's ground for claim
A. The Plaintiff’s assertion that the instant accident occurred concurrently between the Plaintiff’s vehicle and the Defendant’s vehicle’s negligence, and the Defendant’s vehicle neglected the duty of care on the front side and violated the occupational duty to prevent the risk of the accident in advance. The Plaintiff’s responsibility should be limited to 70%.
Therefore, the defendant is obligated to pay 240,000 won (80,000 won x 30%) and damages for delay, out of the insurance money that the plaintiff paid to E.
B. According to the video of the evidence No. 2, the instant accident is changing the lane from the front side of the Defendant vehicle to one lane without manipulating the direction direction, etc. by the Plaintiff vehicle.
such fact may be recognized.
Therefore, the accident in this case occurred due to the total negligence of the Plaintiff’s vehicle, so the Plaintiff, the insurer of the Plaintiff’s vehicle, shall pay the total amount of damages sustained by E due to the accident in this case.