구상금
1. The judgment of the first instance court, including the Plaintiff’s claim expanded by this court, is modified as follows.
1. Facts of recognition;
A. The Plaintiff is an insurer who entered into an automobile insurance contract with the E-Vehicle owned by the limited liability company D (hereinafter “Plaintiff”), and the Defendant is the driver of the FIst Ship owned by the Defendant joining the Defendant (hereinafter “Defendant”).
B. On May 2, 2018, around 00:20 on May 2, 2018, the Defendant driven the Defendant’s vehicle on the two-lane highway near the Busan Cheongdo Highway, along the first lane, and tried to overtake the freight vehicle running along the first lane on the front side in a two-lane.
At the time, the above cargo vehicle was changed to two lanes, and the defendant vehicle was driving at a speed much higher than the cargo vehicle, while the wheels of the above cargo vehicle was in excess of the vehicle's one lane and the other side is driving toward the two lanes with the other side while the wheels of the above cargo vehicle was in excess of the other two lanes, and the center was lost, the center was shakened on the left and left, and the center was in conflict with the central separation zone and stopped on the one lane.
(hereinafter referred to as “onboard vehicle”). Afterward, the Defendant sent a cell phone immediately behind the Defendant’s vehicle, which is in a situation in which operation is impossible, and the Plaintiff’s vehicle was driving along one lane, and the Defendant’s vehicle conflict while driving along one lane.
(hereinafter “instant accident”). At the time, the emergency, etc. of the Defendant’s vehicle was not flicked, and the Plaintiff’s vehicle did not directly conflict with the Defendant.
(A) No. 2, B.C. (see Category B 1-2, B.C.).
From June 5, 2018 to June 11, 2018, the Plaintiff paid totaling KRW 27,818,200 to the insured, etc. as insurance proceeds for self-vehicle damage caused by the instant accident.
On May 2, 2018, the date of the instant accident, the Defendant received medical treatment, including CT Inspection, from an emergency room of the Ganbuk University Hospital, and spent KRW 1,157,040 as medical expenses.
[Reasons for Recognition: Facts without dispute, entry or video of evidence A1-4, entry or video of evidence A1-2 in evidence A-1-2 (including each number), the purport of the whole pleadings).