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. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to the Plaintiff’s vehicle E (hereinafter “Plaintiff’s vehicle”), and the Defendant is the driver of FOba (hereinafter “Defendant’s vehicle”).
B. At around 16:45 on May 20, 2018, the Defendant’s vehicle intrudes the center line of the Plaintiff’s vehicle, which is protoned from the ecological park distance of Gangdong-gu Seoul Metropolitan Government, to the port, and moves ahead of the Plaintiff’s left side of the vehicle to the right side of the Defendant vehicle.
(hereinafter referred to as “instant accident”). C.
On July 31, 2018, the Plaintiff paid 3,122,000 won for the repair cost of the Plaintiff’s vehicle (200,000 won for self-payment) as insurance money.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 6 through 10, and the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff’s instant accident occurred due to the Defendant’s negligence, the Defendant is obligated to pay the Plaintiff a reimbursement on behalf of the Plaintiff’s owner in subrogation of the right to claim damages.
B. The repair cost of the Plaintiff’s vehicle is excessive and unfair due to the replacement of parts unrelated to the instant accident.
3. The fact that the accident of this case occurred in front of the Plaintiff’s vehicle in U-turn, which was in front of the center line, is deemed as seen earlier, and this is deemed as caused by the Defendant’s gross negligence. Therefore, the Defendant is liable to pay the Plaintiff a reimbursement in subrogation of the Plaintiff’s right to claim compensation for damages pursuant to Article 682(1) of the Commercial Act.
In addition to the defendant's assertion, the plaintiff paid KRW 3,122,00 at the repair cost upon the request of the vehicle repair company, etc. which repaired the plaintiff's vehicle destroyed by the accident in this case. The plaintiff is a vehicle repair company or parts company in addition to the defendant's assertion.