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 A vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
Plaintiff
On October 18, 2016, in the course of changing the three-lanes into the two-lanes among the nine-lanes in front of the moving region of Gangseo-gu, Gangseo-gu, Seoul, the part on the left side of the defendant vehicle driving the three-lanes in the process of moving the three-lanes into the right-hand part of the plaintiff vehicle.
On October 31, 2016, the Plaintiff paid KRW 2,580,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident as insurance proceeds.
[Ground of recognition] Facts without dispute, Gap 2 through 4, 6 through 8, Eul 1 through 3, and the purport of the whole pleadings
2. Summary of both claims;
A. The plaintiff: although the driver of the defendant vehicle could have known that the driver of the plaintiff vehicle tried to change the lane by turning on the right direction at the front section, it is reasonable to view the ratio of the driver's liability of the defendant vehicle to 40%.
Accordingly, the defendant is seeking payment of KRW 1,032,00 (=2,580,000 x 40%).
B. Defendant: The Defendant’s driver of the Defendant’s vehicle, who was in normal speed pursuant to the new subparagraph, could not expect the Plaintiff’s vehicle to enter his own three-lanes; thus, the instant accident occurred due to the Plaintiff’s total fault.
Therefore, the plaintiff's claim for indemnity is without merit.
3. The following circumstances recognized by the evidence and the purport of the entire pleadings as seen above, namely, ① the first and the second lanes of the road in which the instant accident occurred, are straight lanes, and the third and fourth lanes are straight lanes. The Plaintiff’s vehicle attempted to change the lanes into the third lanes in the straight line of the vehicle while the vehicle stops from the second to the signal line, and ② in such cases, the Plaintiff’s vehicle.