구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with A with respect to BYF rocketing vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is the insurer who has entered into the automobile comprehensive insurance contract with respect to C motorcycles (hereinafter “Defendant vehicle”).
B. At around 15:30 on May 19, 2016, D driven the Plaintiff’s vehicle, driving the Plaintiff’s vehicle, driving it along the two-lane near the Song apartment distance, Seocho-gu Seoul Seocho-gu, Seocho-gu, in accordance with the direction direction, etc., from the shooting distance to the private road near the Song apartment, and driving the Defendant’s vehicle driving along the Plaintiff’s vehicle following the Plaintiff’s vehicle to the right side of the moving direction without turning on the direction direction, etc. (hereinafter “instant accident”).
C. On June 7, 2016, the Plaintiff paid KRW 55,000 at the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4's images and the purport of whole pleadings
2. Determination:
A. According to the facts acknowledged in the above facts, the driver of the Defendant’s vehicle is proceeding behind the previous vehicle, and thus, the Defendant’s vehicle is obliged to pay KRW 55,00 of the insurance money paid by the Plaintiff to the Plaintiff in accordance with the insurer subrogation doctrine under Article 682 of the Commercial Act, barring any special circumstance, as the Defendant, who is the insurer of the Defendant’s vehicle, is obligated to pay the Plaintiff the insurance money, KRW 55,000, and delay damages.
B. In full view of the above-mentioned basic facts, the evidence mentioned above, Eul evidence Nos. 5, and Eul evidence Nos. 1 through 4 (including branch numbers), as seen earlier, the driver of the plaintiff's vehicle driving the two-lane road as seen earlier.