구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. The Plaintiff is an insurer who entered into an insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).
B. Around 15:45 on December 27, 2017, the Plaintiff’s vehicle was traveling along three lanes from among the roads located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu. On the two-lanes of the above road, the Defendant’s vehicle, which was parked on the two-lanes of the above road, was changing the vehicle from the de facto line to three-lanes, and the Plaintiff’s vehicle was shocked by the front direction behind the front direction of the Defendant’s vehicle, the string of the vehicle, and the st
(hereinafter “instant accident”). C.
On May 29, 2018, with respect to the instant accident, the Plaintiff paid KRW 1,560,000 as the repair cost of the Plaintiff’s vehicle.
On March 7, 2018, the judgment was rendered on May 16, 2018 on the premise that the negligence of the Plaintiff’s vehicle was 15% and that the negligence of the Defendant’s vehicle was 85%, and that it was finalized around that time.
【Ground of recognition】 The fact that there has been no dispute, and each description or image of Gap's evidence 1 through 8 (including each number), and the purport of whole pleading
2. The assertion and judgment
가. 주장 ⑴ 원고 이 사건 사고 당시 원고 차량은 피고 차량과의 충돌로 인하여 도로 우측으로 튕겨져 나가면서 불상의 물체와 2차로 충돌하여 피고 차량과 직접 충돌한 원고 차량의 운전석 앞 부분 뿐만 아니라, 조수석 앞 부분도 파손되었다.
Accordingly, the plaintiff paid insurance money of KRW 1,560,000 at the repair cost of the plaintiff's vehicle. The driver of the defendant vehicle was exempted from liability of KRW 1,326,000 equivalent to the ratio of his fault to the above repair cost.
As such, the defendant, who is the insurer of the defendant's vehicle, shall pay to the plaintiff 1,326,00 won as the amount of indemnity and damages for delay pursuant to Article 682 of the Commercial Act.