구상금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either in the absence of dispute between the parties, or in the entries or videos of Gap evidence Nos. 1 to 9, and Eul evidence No. 1 (including additional numbers).
The Plaintiff is an insurer who has entered into an automobile insurance contract with C, including self-owned vehicle damage security agreements, with respect to the Plaintiff’s DNA vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an automobile insurance contract with respect to the E dump truck vehicle (hereinafter “Defendant vehicle”).
나. 원고 차량 운전자는 2018. 12. 18. 10:07경 서울 송파구 강동대로에 있는 올림픽대교 남단에서 북단 방향 3차로 진행하던 중 원고 차량 앞쪽 2차로에서 선행하던 피고 차량 쪽에서 튕겨 나온 불상의 작은 물체들이 원고 차량 앞 부분 범퍼와 휀더 쪽에 부딪치는 사고(이하 ‘이 사건 사고’라고 한다)가 발생하였다.
C. On September 16, 2019, the Plaintiff paid KRW 1,901,00,000, excluding KRW 200,000, out of the repair cost of the Plaintiff’s vehicle.
2. Determination:
A. According to the above fact of recognition of the existence of the claim for indemnity, it shall be deemed that the damage occurred to the Plaintiff’s vehicle by the vehicle’s department due to the small objects in the above influence, barring any special circumstance, the Defendant, who is the insurer of the Defendant’s vehicle, is liable to compensate for the damage inflicted on the Plaintiff’s vehicle due to the instant accident. Since the Plaintiff, as the insurer of the Plaintiff’s vehicle, was exempted from its payment obligation by subrogation as the insurer of the Plaintiff’s vehicle, barring any special circumstance, the Defendant, who is the insurer of the Defendant’s vehicle
B. The judgment of the defendant on the defendant's assertion is not that the defendant can be seen as gravel or sand because the defendant's loading of the defendant's vehicle at the time of the accident.