beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded a motor vehicle insurance contract with respect to the Category A (hereinafter “Plaintiff”) for the freight B (hereinafter “Defendant vehicle”).
나. 원고 차량은 2016. 1. 7. 08:50경 인천 서구 연희동 인천아시아드주경기장 근처 편도 4차로 도로를 진행하던 중 3차로로 진로 변경을 시도하다가 3차로에서 4차로로 진로변경을 시도하던 피고 차량의 오른쪽 앞부분과 원고 차량의 왼쪽 뒷부분이 충격하여, 원고 차량이 튕겨 나가며 우측 가드레일을 들이받는 사고가 발생하였다.
C. On March 10, 2016, the Plaintiff paid KRW 7,470,000 insurance money at the cost of repairing the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings
2. The plaintiff asserts that since the accident of this case occurred due to the total negligence of the defendant vehicle, the defendant is obligated to pay the plaintiff the total insurance amount of KRW 7,470,000 and delay damages.
According to the above facts, the accident in this case occurred by the negligence of the plaintiff driver and the defendant driver as long as he neglected the situation of all directions when changing the lane, although the accident in this case should be driven by considering the situation of all directions.
In light of all the circumstances revealed in the arguments in this case, such as the negligence of the driver of the two vehicles, the shock level of the plaintiff vehicle and the defendant vehicle, and the background and contents of the accident in this case, it is reasonable to view the negligence ratio of the plaintiff vehicle and the defendant vehicle as 50: 50.
Therefore, the defendant, out of the insurance money paid by the plaintiff to the plaintiff, 3,735,00 won (i.e., KRW 7,470,000 x 0.5) equivalent to the ratio of negligence of the defendant's vehicle (i.e., KRW 7,470,00 x 0.5) and the payment of insurance money following the payment of insurance money, disputes over the existence or scope of