구상금
1. The Defendant’s KRW 19,440,880 with respect to the Plaintiff and KRW 5% per annum from August 12, 2016 to April 3, 2018.
1. In fact, the Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A NewM5 vehicles (hereinafter “Plaintiffs”), setting the insurance period from June 22, 2016 to June 22, 2017, and the Defendant is an insurer who has concluded the automobile insurance contract with respect to B low-priced vehicles (hereinafter “Defendant vehicles”).
On July 12, 2016, around 00:09, the Plaintiff’s vehicle driven at the upper parallel of the Seoul Chuncheon Highway near Seo-gu, Seoyang-si, Seoyang-si, Seoyang-si at an insular speed, and the Defendant’s vehicle driving at a speed of 91 to 100km from the two-lanes, coming down on the narrow channel, and the front side of the Plaintiff’s vehicle shocks the front side of the vehicle, and then the Plaintiff’s vehicle received the median belt as the front side of the left side, and then the instant accident occurred that reeass the left side of the Defendant vehicle, which reeass the front side of the vehicle.
On August 11, 2016, the Plaintiff, as an insurer, paid KRW 26,781,00 for the damage of the Plaintiff’s vehicle caused by the instant accident, and recovered KRW 2,480,00 as a remainder subrogation arising from the scrapping of the vehicle.
[Ground of recognition] Facts without dispute, Gap 1 through 9-2, and the purport of the whole pleadings
2. The accident of this case on board is caused by the defendant's vehicle's overwork on an expressway while running away from brooms. Thus, the defendant is liable to compensate the insurer of the defendant's vehicle for damages caused by the accident of this case.
However, it is reasonable to limit the defendant's liability ratio to 80% in light of the background leading up to the occurrence of the accident of this case, etc., since the plaintiff's vehicle was erroneous in driving continuously while passing ahead of the accident of this case and the cause of the accident of this case occurred. However, the defendant's responsibility is not limited to the amount of damages to be compensated by the defendant.
Therefore, the defendant is entitled to claim damages against the defendant of the plaintiff vehicle by paying insurance money.