구상금
1. As to the Plaintiff KRW 22,617,88 and its KRW 7,029,00, the Defendant shall pay to the Plaintiff KRW 22,617,88 and KRW 15,58,88.
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B-owned vehicles (hereinafter “Plaintiff-owned vehicles”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to D-owned vehicles (hereinafter “Defendant-owned vehicles”).
B. C, around 03:00 on September 24, 201, driving the Defendant vehicle and proceeding two lanes in the five-lanes in front of the withdrawal of the new Ne-distance subway No. 7 in the new Ne-dong, Seogu, Daegu, the new Ne-dong subway No. 7, from the new Ne-dong, to the boundary of the Gyeyang University. On the left side of the proceeding direction, C found E without permission crossing from the right side, and changed the three-lane to the right side in order to avoid collision with E.
A, who has operated the Plaintiff vehicle in the same direction three lanes, has changed the vehicle to two lanes in order to avoid a collision with the Defendant vehicle, and has failed to avoid E which is crossing without permission, and due to this, E suffered injury, such as credit bladroping and bladroping, etc.
(hereinafter “instant accident”).
C. Considering 50% of E’s negligence in the instant accident, the amount of damages of E arising from the instant accident is KRW 113,089,440.
The Plaintiff paid KRW 113,089,440, totaling KRW 77,944,440 from June 26, 201 to November 28, 2012, to E, medical expenses, agreed amount, etc. due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 17, Eul evidence 1 and 2 (including each number in case of additional evidence)
2. The parties' assertion and judgment
A. The plaintiff's assertion that the accident in this case occurred. The defendant's vehicle running ahead of the plaintiff's vehicle changed from the three-lanes to the two-lanes of the accident in this case. The plaintiff's vehicle driving the three-lanes in the same direction had avoided it and caused the accident in this case. The sudden change of the plaintiff's vehicle caused the accident in this case.