구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract for C-wing truck (hereinafter “Plaintiff-motor vehicle”), and the Defendant is the driver of D-knife vehicle (hereinafter “Defendant-motor vehicle”).
B. On November 1, 2016, at around 07:20, the Defendant: (a) driven the Defendant’s vehicle while driving the Defendant’s vehicle to the front direction unit located in Seoan-gu, Seoan-gu; (b) stopped the Defendant vehicle for the left turn signal; (c) caused the fall of the balk to the left, and received the rear part of the Plaintiff’s vehicle parked in front of the Defendant’s vehicle as the front part of the Defendant’s vehicle.
(hereinafter referred to as “instant accident”). C.
From November 29, 2016 to March 15, 2017, the Plaintiff paid the Plaintiff’s driver KRW 6,478,120 in total with medical expenses and agreed money, such as written confirmation of payment of insurance proceeds, as stated in the attached Form. The Plaintiff received KRW 1,200,000 from the F Co., Ltd. (hereinafter “F”) for liability insurance money for the Defendant and KRW 2,557,180 for the Plaintiff’s driver.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6, Eul evidence No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1) The plaintiff's assertion 1) caused the accident of this case due to the plaintiff's total negligence, and the plaintiff's driver suffered injury. The plaintiff is the insurer of the plaintiff's vehicle, which is the plaintiff's 6,478,120 won of insurance money paid to the plaintiff's driver to the defendant in accordance with the insurer subrogation doctrine under Article 682 of the Commercial Act, and 2,639,230 won (=639,478,120 won - 1,200 won -2,57,180 won - 81,710 won, which is scheduled to receive from F in relation to the accident of this case, and 81,710 won, which is scheduled to receive from F in relation to the accident of this case. Thus, the plaintiff's assertion 2,639,230 won cannot be seen as having suffered injury to the plaintiff's driver due to the accident of this case.