구상금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).
B. (1) On September 10, 2018, around 10:55, the Plaintiff’s vehicle driven along the two-lane road leading to the intersection of the F apartment complex (hereinafter “instant intersection”) in front of the front door of the F apartment complex in the north-gu, Gwangju (hereinafter “instant intersection”).
(2) The Plaintiff’s vehicle that reached the instant intersection is going through the intersection, and at the same time, the Defendant’s vehicle went to the two-lane road in the F apartment complex located on the left side of the Plaintiff’s vehicle and went straight back to the instant intersection, and collision with the Plaintiff’s vehicle while entering the said intersection.
(3) Due to the instant accident, the upper part on the left side of the Plaintiff’s vehicle and the front part on the right side of the Defendant’s vehicle were destroyed.
C. On September 19, 2018, the Plaintiff paid the remainder of KRW 5,370,000, which deducted the Plaintiff’s self-paid share of KRW 500,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The parties' assertion
A. At the time of the Plaintiff’s assertion, the Plaintiff’s vehicle entered the instant intersection while entering the instant intersection while well-rounding around the Plaintiff’s surrounding area. However, the Defendant’s vehicle, in order to enter the instant intersection on the apartment complex, did not temporarily stop the Plaintiff’s vehicle while driving on the instant road while driving on the road. As a result, the instant accident occurred.
Therefore, the accident of this case is transferred to the defendant vehicle.