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
The judgment of the court of first instance.
Reasons
1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;
A. On July 31, 2018, the insured vehicle of the Plaintiff, such as the circumstances of the accident, (hereinafter “Plaintiff vehicle”), Defendant Insured vehicle (hereinafter “Defendant vehicle”) CD temporary 09:20 on July 31, 2018, in front of the F high school intersection located in Gangnam-gu Seoul, Gangnam-gu. The Plaintiff’s vehicle involved in the accident of this case was directly engaged in the instant accident at one-lane between four lanes, and the Defendant’s vehicle, from the two-lane to the right side of the Plaintiff vehicle, had impact on the back side of the Plaintiff vehicle during the career change.
The payment of 5,380,000 won after deducting 500,000 won for self-payment of insurance proceeds; by October 4, 2018
B. The Plaintiff asserts that the instant accident was caused by the negligence on the part of the Defendant’s vehicle, on the ground that the Defendant’s vehicle was sent to the left, while making a U-turn at the fourth-lane, while making a shift of course, and thus, the instant accident occurred.
In light of the background of the instant accident and the conflict between the Defendant and the point of the accident, there is not sufficient evidence to recognize that the instant accident occurred while the Defendant was making a U-turn, and in light of the background of the accident and the point of the accident, it is difficult to recognize that the Defendant’s fault ratio of the Defendant’s vehicle is more than 10:90, which is recognized by the first instance court.
[Ground of recognition] The facts without dispute, Gap 3 and 5, and the purport of the entire argument as to the plaintiff's insurance proceeds (A) 5,380,000 won for the defendant's fault ratio (D) (B) 500,000 won for self-charges (C+D-B) 90% for the total amount of damages (C=A) 5,880,000 won for the plaintiff's fault ratio (B)
C. The defendant's duty of indemnity
2. In conclusion, the judgment of the court of first instance is consistent with this conclusion, and the plaintiff's appeal is without merit.