구상금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile dealer’s vicarious driving insurance contract (hereinafter “instant insurance contract”) between the Plaintiff and the Plaintiff. The Defendant is an insurer who has entered into a comprehensive automobile insurance contract against B bus (hereinafter “Defendant vehicle”).
B. Around 00:07 October 16, 2016, the Defendant’s vehicle received two-lanes on the left-hand side of the D vehicle driven by a proxy driving engineer of Nonparty A, an agent of Nonparty A, who is driving on behalf of the Plaintiff (hereinafter “Plaintiff”), driving on the two-lanes in the process of changing the two-lanes of the two-lanes into the two-lanes in order to stop at the bus stop at the bus stop in the offside of the OBS broadcasting station at the distance of the OBS broadcasting station.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid insurance proceeds of KRW 858,000 as agreed money on October 20, 2016 to E boarding the Plaintiff’s vehicle according to the instant insurance contract, and KRW 27,400 as medical expenses on November 16, 2016.
[Ground of Recognition] Facts without dispute, Gap evidence 3 through 5 (including paper numbers), Eul evidence 1 to 4, and the purport of the whole pleadings
2. The gist of the parties' assertion argues that the accident in this case occurred concurrently by the negligence of the driver of the defendant vehicle and the driver of the plaintiff vehicle, and that the fault ratio of the driver of the defendant vehicle was at least 80%, and E was injured by cryp and salvinitis, etc., and thus, the defendant is obligated to pay 708,320 won (=(858,000 won) x 0.8) out of the insurance money paid by the plaintiff as indemnity.
In this regard, the defendant asserts that it is difficult to recognize the causal relationship between the injury suffered by E and the accident of this case due to the very weak degree of shock of the vehicle string at the time of the accident, so it cannot respond to the plaintiff's claim for indemnity.
3. Determination
A. In full view of the purport of the entire pleadings in the first instance of the occurrence of the right to indemnity, the instant accident takes place two times.