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 entered into an automobile insurance contract with A car (hereinafter “Plaintiff”), and the Defendant is the owner of B bus (hereinafter “Defendant vehicle”).
B. On April 14, 2014, at around 07:35, C, a driver affiliated with the Defendant, driven the Defendant bus and driven the three-lanes of the four-lane road near Kimpo-IC as Kimpo-si, Kimpo-si, in order to avoid the number omitted vehicles entering the three-lanes from the Kimpo-IC access road in the front direction, C, a driver affiliated with the Defendant, rapidly changed the course to two-lanes in order to avoid the number omitted vehicles entering the three-lanes of the front direction, while driving the three-lanes of the Plaintiff vehicle in the front direction to the front direction of the Defendant vehicle.
(hereinafter “the instant accident”). If the situation at the time of the instant accident is indicated as a picture, it is as shown in the attached Form “the site map of the accident.”
(Ma1st vehicle is the defendant vehicle, and Me2 vehicle is the plaintiff vehicle).
On July 2, 2014, the Plaintiff paid KRW 1,910,900 for the repair cost of the Plaintiff’s vehicle destroyed by the instant accident (hereinafter “instant repair cost”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, video, the purport of the whole pleadings
2. In light of the developments leading up to the occurrence of the instant accident in the foregoing facts, it is reasonable to determine that the ratio of negligence D and C in relation to the instant accident is 20:80. As such, the Defendant, as a user of C, shall be liable for the employer under Article 756 of the Civil Act, to the Plaintiff who acquired the Plaintiff’s claim for damages by subrogation by the insurer under Article 682 of the Commercial Act (=1,528,720 won for repair of the instant case x C 80%) and the following day following the date of payment of the repair cost of the instant case.