구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is an insurer who, around May 2013, entered into a comprehensive insurance contract (including an insurance period: from May 25, 2013 to May 25, 2014; and a special agreement for married couple’s limited driving) with respect to the Plaintiff’s vehicle B bee or car (hereinafter “Plaintiff’s vehicle”). The Defendant is an insurer who entered into a comprehensive insurance contract with respect to the D bee or Ⅲ’s cargo (hereinafter “Defendant’s vehicle”).
B. On July 20, 2013, around 14:45, the husband of A (G) driven the Plaintiff’s vehicle, and led the Plaintiff to a straight-distance intersection in the front-nam Bosong-gun, Bosong-gun (hereinafter “instant intersection”). C driven the Defendant’s vehicle, and immediately left the said intersection from the border of the Plaintiff’s right side (hereinafter “instant accident”). At the same time, there was an accident where the front part of the Defendant vehicle conflicts with the front part of the Plaintiff’s right side (hereinafter “instant accident”).
C. Around 15:40 on July 20, 2013, E, who was on board the Plaintiff’s vehicle due to the instant accident, died due to acute blood transfusion, and F, who was on board the Defendant’s vehicle, sustained injury in need of approximately two weeks’ medical treatment.
The limit of the speed of the intersection, which is the location of the accident of this case, is 60 km per hour, and only the yellow light signal was installed in the above intersection.
E. The Plaintiff paid the total amount of KRW 49,874,680 (i.e., KRW 45,647,840, ② KRW 3,006,840, ③ KRW 1,220,000) due to the instant accident.
① The amount of insurance proceeds related to E: A total of KRW 45,647,840 (i) from July 31, 2013 to August 28, 2013; KRW 45,382,120 (ii) payment of KRW 265,720 of the agreed amount on December 11, 2013; ② Payment of insurance proceeds related to F: Total amount of KRW 3,006,840 (i) KRW 3,006,840), August 7, 2013; ii) payment of KRW 1,090,000 of the agreed amount; from September 25, 2013 to October 21, 2013; and (iii) payment of insurance proceeds equivalent to Plaintiff 1,916,916,840 of the expenses for repair, including I Hospital, J Hospital, and oriental medical hospitals; and
F. The defendant is as follows.