구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff Company is an insurer who has entered into a comprehensive automobile insurance contract with D and Esch Rexroth (hereinafter “Plaintiff”) and the Defendant B is the owner of the Flus vehicle (hereinafter “Defendant”), and the Defendant C Co., Ltd. (hereinafter “Defendant Company”) is the insurer who entered into the comprehensive automobile insurance contract with the Defendant vehicle.
B. On November 20, 2015, around 04:33, at Sinjin-si, Defendant B driven the Defendant’s vehicle and used it to the right wheel while driving it, requested the Defendant Company for emergency rescue and relief.
C. Accordingly, while H was stopped in the direction of a decline by driving the Plaintiff’s vehicle, arriving at the site, and stopping at the site, H was towing by linking the back side to the front towing studs after the Defendant’s vehicle.
The accident occurred that conflicts between the front side of the plaintiff vehicle and the front side of the defendant vehicle.
(hereinafter referred to as the "accident of this case"). [Grounds for recognition] The fact that no dispute has been brought about, and the purport of all pleadings.
2. Grounds for the claim of the Plaintiff Company
A. After the Plaintiff Company’s assertion vehicle completed salvage work upon the Defendant Company’s request for the salvage work, the Plaintiff Company shocked the front side of the Plaintiff Company’s vehicle, which was left behind the Plaintiff Company’s vehicle while Defendant B was on board the Defendant Company and stopped on the rear side.
The instant accident occurred due to the owner of the Defendant’s vehicle, and the Plaintiff’s vehicle did not deal with the insurance even though there was no fault by the Defendant, thereby the Plaintiff Company paid KRW 20,570,000 to the Plaintiff’s automobile repair cost, etc. based on its own vehicle damage security.
Therefore, the defendant corporation, which is the insurer of the defendant B and the perpetrator, is jointly obligated to pay the repair cost and the interest in arrears to the plaintiff company pursuant to Article 682 of the Commercial Act and the subrogation of the insurance company of the terms and conditions.
B. At the time of the Defendants’ assertion, Defendant B attempted to tow the vehicle.