구상금
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
1. The following facts may be found either in dispute between the parties or in each entry or image of Gap evidence 1 to 4 by reference to the whole purport of the pleadings:
The plaintiff is an insurer who has entered into an automobile insurance contract with A car (hereinafter referred to as the "Plaintiff vehicle") and the defendant is a village bus transport business operator who holds and operates B village bus (hereinafter referred to as the "Defendant vehicle").
B. Around 09:09 on August 1, 2014, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle on a one-lane road (hereinafter “road”) in front of the Handong-dong, Dobong-gu, Seoul (hereinafter “instant intersection”), and the Plaintiff’s vehicle, who stopped to allow passengers to board at the village bus stop located near the Plaintiff’s front side-side intersection (hereinafter “instant intersection”) and, in order to pass a right-hand at the instant intersection, the Defendant vehicle started from the front side of the Defendant’s vehicle while entering the front side of the right-hand part of the Plaintiff vehicle and the rear part of the lower side fence and the rear part of the Plaintiff’s vehicle.
(hereinafter referred to as the “instant accident”). C.
On August 29, 2014, the Plaintiff paid insurance proceeds of KRW 1,136,230 in total to the repair company, etc.
2. Assertion and determination
A. The Plaintiff’s assertion 1) The instant accident occurred due to the Plaintiff’s primary negligence of the Defendant’s driver of the instant vehicle without viewing the remainder of the Plaintiff’s vehicle, which was negligent in performing the duty of front-way and front-way driving in the course of stopping after stopping, and the Defendant’s fault ratio on the occurrence of the instant accident is about 90%. Therefore, the Defendant, as the owner of the Defendant’s vehicle, and the user of the Defendant’s vehicle, paid KRW 1,136,230 of the insurance money equivalent to the amount of damages of the Plaintiff’s vehicle caused by the instant accident, and paid the Plaintiff the damages claim by subrogation of the Plaintiff’s damage claim, out of the amount of damages that the Plaintiff