구상금
1. Of the judgment of the court of first instance, KRW 13,126,212 against the Plaintiff and its related thereto, from November 29, 2012 to February 4, 2015.
1. Basic facts
A. The Plaintiff concluded a comprehensive automobile insurance contract with respect to the Flazed Flazed Flazed Flazed Flazed and B car (hereinafter “Plaintiff”).
B. On October 13, 2012: around 20, the Defendant’s driving vehicle (hereinafter the Defendant’s vehicle) shocked the Plaintiff’s vehicle driven in the direction of the terminal located in the direction of the entrance of the terminal from the direction of the terminal to the left or from the erosian distance (hereinafter “the instant accident”).
C. Accordingly, the Plaintiff paid the Plaintiff’s driver KRW 19,938,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.
【Ground for recognition】 There is no dispute
2. According to the above recognition of the liability for damages, the defendant is liable to compensate the driver of the plaintiff's vehicle for the damages caused by the accident in this case, unless there are special circumstances.
3. Scope of liability for damages
A. The extent of damages is alleged by the Plaintiff to have caused KRW 19,938,00 as the repair cost of the Plaintiff’s vehicle due to the instant accident. Accordingly, according to the written evidence Nos. 1 through 7, 9, and 10, it is recognized that the damage equivalent to KRW 19,938,00 was incurred on the Plaintiff’s vehicle due to the instant accident (the Defendant’s assertion on the premise different from this is rejected).
In addition, the instant accident occurred between the Plaintiff’s vehicle located in the intersection where no signal is available and the Defendant’s vehicle on the left left-hand turn, and there is insufficient data to deem that either party entered the intersection significantly. Therefore, in consideration of the circumstances of the occurrence of the accident, the fault ratio between the Plaintiff’s vehicle and the Defendant’s vehicle shall be set at 30%: 70%.
Therefore, unless there are special circumstances, the Defendant’s damages amounting to KRW 13,956,60 (=19,938,000) due to the instant accident x 0.7).
C. According to the evidence Nos. 1 and 2, the Defendant vehicle’s deduction of damages amount is examined.