구상금
1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.
2.
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile insurance contract with the Plaintiff’s Intervenor (hereinafter “ Intervenor”) regarding QM3 vehicles (hereinafter “Plaintiff’s vehicle”). The Defendant is an insurer who entered into an automobile insurance contract with respect to the Defendant’s low-priced vehicle (hereinafter “Defendant’s vehicle”).
B. Around 18:30 on July 9, 2017, the driver of the Defendant’s vehicle driven the Defendant’s vehicle and driven along the three-lane road near the subsection in the middle intersection in the Choping city, and changed the two-lane to the two-lane, the driver of the Defendant’s vehicle, who was driving along the two-lanes of the same road on the left side of the Defendant’s vehicle, shocked the front direction and the front direction of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
On August 31, 2017, the Plaintiff paid insurance proceeds totaling KRW 406,340 to the Nowon-gu Motor Vehicle Parts Co., Ltd. on the repair cost, etc. due to the instant accident.
[Basis] Facts without dispute, Gap evidence Nos. 1, 2, and 5, Gap evidence Nos. 3, 4, Gap evidence Nos. 7-1 and 7-2, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The main point of the plaintiff's assertion (i) the accident in this case is that the defendant's vehicle, which was proceeding on the front side of the plaintiff's vehicle, changed from the two lanes to the three-lanes of the three-lanes in order to overtake the plaintiff's vehicle, proceeding from the right side of the plaintiff's vehicle at a very rapid speed, and the three-lanes are combined into the two-lanes, and the three-lanes come into the front side of the plaintiff's vehicle. At the time of the accident in this case, the driver of the plaintiff's vehicle at the time of the accident in this case could not at all predict the defendant's vehicle's moving in the front side of the plaintiff's vehicle, and the accident in this case is due to the negligence of the defendant's driver
However, for the Intervenor who is the insured of the Plaintiff’s vehicle, the Plaintiff covered the insurance money of KRW 406,340 due to the repair cost of the Plaintiff’s vehicle caused by the instant accident.