구상금
1. Of the judgment of the court of first instance, the part against the plaintiff equivalent to the amount ordered to be additionally paid shall be revoked.
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and D Co., Ltd. (hereinafter “D”) is an insurer who entered into an automobile insurance contract with respect to E vehicle (hereinafter “Defendant vehicle”).
B. Around 06:10 on April 7, 2016, the Defendant: (a) while driving the Defendant’s vehicle and driving the Kimpo-si Village Spo-dong, the Defendant did not stop the signal signal, such as the signal, etc. to the front intersection, in violation of the new code, and did not stop; (b) left right turn at the right right turn at the front of the Plaintiff’s vehicle, which was normally left left pursuant to the new code, and left left turn at the front.
(hereinafter referred to as “instant accident”). C.
On September 8, 2017, the Plaintiff paid KRW 12,024,00 for the repair cost of the Plaintiff’s vehicle as insurance proceeds, and returned KRW 5,687,250 from D.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 12 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 5 through 8, video and the purport of the whole pleadings
2. Determination:
A. According to the above facts and evidence revealed earlier, the accident of this case occurred by the defendant's negligence. Since the plaintiff paid damages for the plaintiff's vehicle as the insurer, the defendant is obligated to pay the plaintiff the indemnity amount in accordance with the insurer's subrogation legal principle.
B. According to the evidence supra, the Plaintiff paid KRW 5,300,000 at the repair cost of the Plaintiff’s vehicle on September 8, 2017, KRW 6,344,00 to G Co., Ltd., KRW 220,000, KRW 160,000 to H Co., Ltd., and KRW 12,024,00 as insurance money.
Therefore, the amount to be claimed by the Defendant is KRW 6,336,750, which deducts the return amount of KRW 5,687,250 from the insurance money paid by the Plaintiff from KRW 12,024,00.
In this regard, the defendant's claim for reimbursement is based on excessive repair or letter repair.