beta
Text
1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).
B. Around 22:50 on February 1, 2019, the Plaintiff’s vehicle stopped from the two lanes in front of the three-lane in front of the presidential distance intersection to the westwest coast at Silung-si. However, the Defendant’s vehicle proceeding behind the first direction of the Plaintiff’s vehicle at around the time when the signal changes to the running signal, she concealed the part of the left rear wheels of the Plaintiff’s vehicle with the front direction.
C. Until March 9, 2019, the Plaintiff paid KRW 759,000,000, excluding KRW 200,000 of its own shares, as the repair cost of the Plaintiff’s vehicle.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, entry of Eul evidence 1, purport of whole pleadings]
2. Determination:
A. According to the above facts, it is reasonable to view the negligence of Defendant vehicle as 80%, in full view of the occurrence of the instant accident, the circumstance of the accident, road situation of the accident site, and the collision level of both vehicles, etc., where the instant accident occurred, it is recognized that the negligence of Defendant vehicle was caused by 80%.
B. Therefore, the Defendant, as the insurer of the Defendant’s vehicle, is obligated to claim compensation for damages from the Plaintiff who subrogatedly acquired the right to claim damages by paying the repair cost of the Plaintiff’s vehicle, for the amount of KRW 567,200 [total amount of damages (amount of KRW 759,00,000, self-paid amount of KRW 200,000] ¡¿ (80% of the negligence ratio of the Defendant’s vehicle - self-paid amount of KRW 200,0
C. As to this, the Plaintiff: (a) moved the Plaintiff’s vehicle in a white line where it is impossible for the Defendant to change the lane; and (b) so, the instant accident was caused by the Defendant’s negligence; and (c) on the contrary, the Defendant started the same as the Plaintiff’s vehicle and the Defendant’s vehicle.