구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to the Plaintiff A (hereinafter “Plaintiff”) and B (hereinafter “Defendant”), respectively.
B. On January 24, 2017, around 08:12, the Plaintiff’s vehicle was proceeding with the second line the third line road of the national highways No. 3 adjacent to the IC at the end of Sungnam-si.
The Defendant’s vehicle, while proceeding along the first line from the front side of the Plaintiff’s vehicle, was driven with the direction of direction, etc. to the right side and was changed to the second line, shall be deemed to be stopped by the front line of the Plaintiff’s vehicle (A vehicle driven on the front side of the Plaintiff’s vehicle before the change of the vehicle, hereinafter “inward vehicle”) and was rapidly stopped on the boundary line of the first and second lanes, but the Plaintiff’s vehicle, without avoiding the Defendant’s vehicle, shicked the right side of the Defendant’s vehicle on the left side.
(hereinafter “instant accident”). C.
On February 15, 2017, the Plaintiff paid KRW 250,000 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s driver, as the Plaintiff’s driver, could not avoid the accident due to abnormal operation of the Defendant’s vehicle, such as rapid stopping after changing the vehicle line. Therefore, the Defendant’s responsibility for the instant accident is entirely on the side of the Defendant’s driver.
B. The instant accident occurred because the Defendant vehicle driver neglected the duty to see the Plaintiff’s vehicle without securing the safety distance, even though the vehicle stopped after the completion of the change of course. Thus, the instant accident occurred entirely by negligence on the part of the Plaintiff vehicle.
3. Determination
A. The following facts and circumstances acknowledged in light of the aforementioned facts and the evidence as seen earlier, i.e., all: