구상금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. Basic facts
A. The Plaintiff is a mutual aid business operator who entered into a comprehensive deduction contract for automobiles for business use with C Co., Ltd. (hereinafter “Plaintiff”) and the Defendant is an insurer who entered into an automobile insurance contract for the vehicle E (hereinafter “Defendant”).
B. On September 7, 2018, around 09:13, the Plaintiff’s vehicle driving along the road near the one-lane to the one-lane to the one-lane to the one-lane to the second-lane to the second-lane to the one-lane to the one-lane to the one-lane to the other, while driving along the road near the 415-25 one-lane to the other-lane to the one-lane to the other.
(hereinafter referred to as “instant accident”). C.
피고 차량은 이 사건 사고의 충격으로 인하여 우측으로 튕겨져 나가 신호등과 재차 충돌하였고, 이로 인하여 신호등이 파손되었다. 라.
On October 24, 2018, the Plaintiff paid mutual aid money equivalent to KRW 1,210,209 at the repair cost of the above signal, etc.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff's ground for claim
A. Since the Defendant’s driver neglected the duty to keep the vehicle in front and did not keep the safety distance and caused the instant accident, the Defendant’s driver is liable for at least 30% of the occurrence of the instant accident.
B. Therefore, the Defendant, who entered into an automobile insurance contract with respect to the Defendant vehicle, has the obligation to pay the Plaintiff the amount of the mutual aid money equivalent to the repair cost of signal signal, etc. (i.e., the amount of the mutual aid money 1,210,209 x 30% of the Defendant’s driver’s liability) and damages for delay.
3. Determination
A. According to the Gap evidence No. 6, the driver of the plaintiff vehicle tried to change the lane because the driver of the vehicle has no vehicle driving in the two-lane at the police station, but the driver of the vehicle tried to change the lane.