구상금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B new SM5 vehicles owned by A (hereinafter “Plaintiff vehicle”), and the Defendant is the owner of C Vehicle (hereinafter “Defendant Vehicle”).
B. On April 12, 2015, A was gas charging to the Plaintiff’s vehicle in the gas charging station near the Suwondong Police Station in Busan Eastdong Police Station, and the Defendant’s vehicle driven by the Defendant’s employee was stopped on the side of the Plaintiff’s vehicle, and the said employee opened the driver’s seat and opened the driver’s seat and opened the driver’s seat, and was shocked by the driver’s seat door of the Plaintiff’s vehicle (hereinafter “instant accident”).
C. On May 14, 2015, the Manosung Motor Vehicle Maintenance Business Center, which maintained the Plaintiff’s vehicle damaged by the instant accident, issued a written estimate of KRW 564,517, the repair cost to A, and on May 19, 2015, the Plaintiff claimed KRW 481,949, insurance money to the Plaintiff.
On May 20, 2015, the Plaintiff paid KRW 412,000 insurance money to the said rearrangement project site.
[Reasons for Recognition: Facts without dispute, Gap evidence 3, Gap evidence 5-1 and 2, the purport of the whole pleadings]
2. According to the above facts of determination as to the cause of the claim, in the situation where the Plaintiff’s vehicle was parked first, it is reasonable to deem that the instant accident occurred while the Defendant’s driver stopped without keeping a sufficient distance from the Plaintiff’s vehicle and opened a door after stopping, and that the Plaintiff’s owner of the Plaintiff’s vehicle was not negligent in relation to the instant accident. Therefore, the Defendant is liable to compensate for damages equivalent to the repair cost incurred by the instant accident caused by the mistake by the employees belonging to the Defendant.
Therefore, the Defendant is obligated to claim for the amount of KRW 412,00,000 for the repair cost due to the instant accident, which was paid to the Plaintiff to the maintenance office, as insurance proceeds, and for the delayed payment damages.
3. The defendant's assertion is very minor that the damage of the plaintiff's vehicle due to the accident of this case is caused by the plaintiff's vehicle.