구상금
The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to D vehicles (hereinafter “Plaintiff vehicles”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to E vehicles (hereinafter “Defendant vehicles”).
B. On October 5, 2018, the Plaintiff’s Intervenor, a driver of the Plaintiff’s vehicle, driven the Plaintiff’s vehicle at the intersection in front of the G Hospital located in Eunpyeong-gu Seoul, and left to the left at the intersection of the reverse village, followed by driving one-lane of the two-lane road at the intersection in front of the G Hospital located in F of Eunpyeong-gu, Seoul, and was straight ahead of the intersection (hereinafter “instant intersection”). However, while the Defendant’s vehicle was left to the left from the right side of the Plaintiff’s vehicle, the front part of the Plaintiff’s vehicle was shocked by the front part after the left side of the Defendant’s vehicle.
(hereinafter referred to as “instant accident”). C.
On November 14, 2018, the Plaintiff paid KRW 5,069,00 (i.e., KRW 5,280,000,000, which deducts the Plaintiff’s self-paid cost of KRW 211,000 from the repair cost of the Plaintiff’s vehicle according to the said car insurance contract (i.e., KRW 5,280,000) as insurance money.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 8 (including each number in the case of additional numbers), Eul evidence Nos. 1 to 4, or the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff’s instant intersection was sent only to the direction of the Plaintiff’s proceeding, the Defendant’s vehicle should have confirmed that the above signal was red and left-hand turn without confirming the above signal, etc., and accordingly, the left-hand turn was collisioned with the Plaintiff’s vehicle who was sent under green signals.
Therefore, since the accident of this case occurred entirely by the defendant's negligence, the defendant is obligated to pay the plaintiff the insurance money paid to the plaintiff with the indemnity amount of KRW 5,069,00 and delay damages.
B. The Defendant was at the time of the instant accident.