구상금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be additionally paid shall be revoked.
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).
B. On December 11, 2018, around 12:20 on December 12, 2018, the Plaintiff’s vehicle: (a) conflict with the preceding vehicle in the vicinity of the Heungdong-gu E Apartment-gu, Chungcheongnam-gu; and (b) was making a stop in the two-lanes of the two-lanes; (c) the Defendant’s vehicle
On the left side of the Defendant’s vehicle, the front side of the Plaintiff’s vehicle shocked the right side of the vehicle.
(hereinafter referred to as “instant accident”). C.
On January 2, 2019, the Plaintiff paid KRW 2,127,600 as insurance money for the repair cost of Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 8, 9 (including Serials), Eul evidence No. 1, and the purport of the whole pleadings
2. In full view of the aforementioned facts, the following circumstances, namely, ① the Plaintiff’s vehicle was inevitably stopped in order to turn on an emergency, etc. after the accident occurred with the previous vehicle and check the damaged part, ② the point at which the instant accident occurred was straight line, and the Defendant’s vehicle’s driver appears to have been able to be confirmed at a sufficient distance to stop the Plaintiff’s vehicle from stopping on the front section, and ③ the Defendant’s driver appears to have been able to have been able to find it possible to stop on the front section. Nevertheless, in light of the background of the instant accident, the damage level, and the degree of damage, etc., it is reasonable to deem that the instant accident occurred due to the Plaintiff’s negligence on the front section of the Defendant vehicle.
Therefore, the defendant, who is the insurer of the defendant vehicle, is the owner of the plaintiff vehicle pursuant to Article 682 (1) of the Commercial Act.