구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 3 and 5:
The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to Aerman Vehicles (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into the automobile insurance contract with respect to BM5 Vehicles (hereinafter “Defendant Vehicles”).
B. On December 20, 2016, the Gisung Fluter Co., Ltd., which was delegated by the Plaintiff’s insured, repaired the Plaintiff’s vehicle on the ground that the Plaintiff’s vehicle was damaged due to the shock of the Defendant’s vehicle around December 14:15, 2016, around December 20, 2016.
"Along with this, the plaintiff filed a claim for the payment of the repair cost, and on January 25, 2017, the plaintiff paid 240,000 won as the repair cost of the plaintiff's vehicle to the Mamoter Co., Ltd.
2. Determination on the cause of the claim
A. Around 14:15 on December 16, 2016, the driver of the Defendant vehicle in the summary of the Plaintiff’s assertion caused an accident where the driver of the Defendant vehicle, who was going to park the Defendant vehicle in a space between the Plaintiff vehicle and the fire vehicle parked on the side road located in Gangnam-gu Seoul Metropolitan Government, leading to an accident where the driver of the Defendant vehicle following the Plaintiff vehicle shocked the driver behind the Defendant vehicle.
The above accident occurred due to the unilateral negligence of the driver of the vehicle, so the defendant, the insurer of the vehicle, is liable to compensate the insured for damages caused by the above accident. The plaintiff paid the insurance money of KRW 240,000 to the insured for the plaintiff's vehicle, by subrogation of the insurer under Article 682 of the Commercial Act, thereby acquiring the claim for damages against the defendant of the plaintiff's vehicle.
Therefore, the defendant is obligated to pay to the plaintiff 240,000 won with the indemnity amount and damages for delay.
B. Therefore, the Plaintiff’s assertion is based on each of the images as evidence Nos. 1, 2, 4, and 6, and No. 2, respectively.