beta
(영문) 대구지방법원 2016.12.07 2016나308843

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who is liable for the payment of insurance proceeds under an automobile insurance contract with the Plaintiff Company A (hereinafter “Plaintiff”) as the insured, and the Defendant is the insurer who is liable for the payment of insurance proceeds under the automobile insurance contract with the Defendant Company C (hereinafter “Defendant”) as the insured.

B. Around 16:00 on May 1, 2016, the driver of the Plaintiff’s vehicle entered the fourth line, which was driven along the third line on the Dolcheon-dong, Daegu Northern-dong, Incheon-dong, and stopped for parking at the edge of the vehicle. On the fourth line, the driver of the Defendant’s vehicle who was parked in the fourth line, left the same place for parking, and contacted the Defendant vehicle with the left driving seat of the Plaintiff’s left side of the vehicle behind the Defendant vehicle.

(hereinafter referred to as “instant accident”). C.

On May 13, 2016, the Plaintiff paid KRW 1,132,000 insurance money to B with respect to the instant accident.

【Ground of recognition】 The fact that there is no dispute, Gap 2, 5 evidence, Eul 2, 4, and 5 respectively, or the purport of the whole pleadings

2. Determination as to the cause of action

A. The main point of the Plaintiff’s assertion is that the instant accident took place by the driver of the Defendant vehicle in breach of the duty of care for the rear driver.

Plaintiff

As a result of shocking a vehicle, there was an unilateral negligence on the part of the Defendant’s driver, and the Plaintiff’s driver was an inevitable accident, so the Defendant is obligated to pay the Plaintiff KRW 1,132,00, which is the full amount of the insurance money paid by the Plaintiff to B, and damages for delay.

B. 1) According to the above facts finding that the instant accident occurred due to the negligence of the driver of the Defendant’s vehicle. Accordingly, in accordance with the insurer subrogation legal doctrine under Article 682 of the Commercial Act, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Plaintiff for the damages. 2) The evidence and the arguments mentioned earlier prior to the limitation of liability.

참조조문