구상금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order for payment shall be revoked, and
1. Facts of recognition;
A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. Around 14:40 on August 11, 2017, the Plaintiff’s vehicle stopped and started on the two-lanes of the Crown-gun, the Crown-gun, the Crown-gun Council of the Crown-gun, the Korean Peninsulad the part adjacent to the right side of the Defendant’s vehicle, which was bypassing from the first lane in the same direction, into the front part of the left side of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
On August 25, 2017, the Plaintiff paid KRW 432,000 for the repair cost of Plaintiff’s vehicle (excluding KRW 108,000 for self-payment) as insurance money.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1, 3, and 4 (including branch numbers), each of the statements, images, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The instant accident starts from the point of time when the Plaintiff’s vehicle stops on the two-lanes, and the Defendant’s vehicle runs along the same direction with one-lanes, without reducing the speed, and is not at fault of the Plaintiff’s vehicle that caused the instant accident by rapidly turning off the instant accident without operating the direction light. Therefore, the Defendant is liable to pay the Plaintiff the said insurance money amounting to KRW 432,00 and the damages for delay thereof. (2) The instant accident occurred due to the Plaintiff’s negligence, which led to the Plaintiff’s fault, by checking the Plaintiff’s vehicle stopped at the intersection of the two-lanes and the intersection prohibited from stopping. (3) The instant accident occurred from the Plaintiff’s vehicle due to the Plaintiff’s fault while avoiding the Plaintiff’s vehicle and bypassing it on the one-lanes.
B. Comprehensively taking account of the overall purport of the arguments revealed earlier, the instant accident starts with the point where it was stopped at an intersection where stopping is prohibited, or at a place within 5 meters from the corner of the road, and it was not confirmed that the Defendant’s vehicle is bypass.