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. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries or videos of Gap evidence Nos. 1 to 5, Eul evidence No. 1 to 2, and evidence No. 2.
The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with A with respect to B automobiles (hereinafter referred to as the “automobile”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with C with respect to D buses (hereinafter referred to as the “instant buses”).
B. A, around 06:00 on March 18, 2013, driving the instant car, and driving the instant car along the two-lanes of the two-lane road near the power station distance located in Ulsan-gu, Ulsan-gu, pursuant to the second-lane road near the power station distance, was changed to the first-lane of the said road while changing the fleet to the one-lane of the said road and driving the first-lane of the instant bus in the same direction. A was faced with the center part on the right side of the instant bus by C driver, driving the first-lane in the same direction.
(hereinafter referred to as the “instant accident”). C.
The instant car was destroyed due to the instant accident, and the Plaintiff paid KRW 2,155,100 to A the amount equivalent to the repair cost of the instant car.
2. The Plaintiff’s assertion and the Plaintiff’s judgment as to the accident were caused by C’s negligence of proceeding a narrow one lane without using headlights and sidelightss while driving a lane at night. The accident in this case occurred due to C’s fault, which led to a narrow one lane without looking at whether or not other vehicles wishing to enter the first lane.
Therefore, the defendant asserts that as the insurer of C, who is a tort under Article 750 of the Civil Act, is liable for damages equivalent to the cost of repairing the car of this case caused by the accident of this case pursuant to Article 724(2) of the Commercial Act.
In the event of the instant accident, C does not turn on the headlights and sidelights widths at the time of the instant accident and does not turn on the instant bus.