Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to B-owned vehicles (hereinafter “Plaintiff-owned vehicles”), and the Defendant is the owner of C-owned vehicles (hereinafter “Defendant-owned vehicles”).
B. On August 8, 2014, A, while driving the Plaintiff’s vehicle and making a left turn at the vicinity of the intersection where there is no signal, etc. at the location of the Busan Busan Bank, the Defendant’s vehicle driving on the right side along the intersection in the direction of the left side.
(hereinafter “instant traffic accident”). C.
As a result of the instant accident, the Plaintiff incurred physical damage equivalent to KRW 589,600 of the repair cost, while the Defendant’s vehicle suffered physical damage equivalent to KRW 600,466 of the repair cost.
On August 11, 2014, the Plaintiff paid KRW 280,000 to the Defendant.
[Reasons for Recognition: Facts without dispute, Gap 1 through 3 evidence, entry of Eul 1 and 2 evidence, purport of the whole pleadings]
2. The parties' assertion
A. The Plaintiff’s instant accident is an obvious entry of the Plaintiff’s vehicle at the intersection where no signal, etc. is available to turn left, and the Defendant’s vehicle proceeding as follows: (a) the ratio of the Plaintiff’s vehicle and the Defendant’s vehicle’s liability to the instant accident should be calculated at 70:30.
Therefore, the defendant is obligated to claim 176,880 won corresponding to the ratio of liability of the defendant's vehicle to the repair cost of the plaintiff's vehicle paid by the plaintiff 589,600 won.
B. The Defendant’s accident at the intersection without signal to turn left the left, and the ratio of the Plaintiff’s vehicle and the Defendant’s vehicle’s liability to the instant accident should be calculated at 80:20 as the Plaintiff’s vehicle and the Defendant’s vehicle are shocked.
In addition, the physical damage of the Defendant vehicle caused by the instant accident is KRW 520,00, and the physical damage of the Plaintiff vehicle is KRW 589,000, and the insurance money that the Plaintiff is obligated to pay to the Defendant is KRW 416,00 (=520,000 x 0.8), and the Defendant is the Defendant.