구상금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either in the absence of a dispute between the parties or in the records or images of Gap evidence Nos. 1 to 4, 6 through 8 (including the branch numbers if there are branch numbers):
The Plaintiff is an insurer who has entered into an automobile insurance contract including its own automobile damage security agreement with respect to C (hereinafter referred to as “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to D (hereinafter referred to as “Defendant”).
B. Around 14:00 on July 29, 2019, the driver of the Plaintiff’s vehicle driven the two-lanes of the said expressway near 127 points in Seoul direction. However, the Defendant’s vehicle driven the first lane of the said expressway at a speed higher than that of the Plaintiff’s vehicle, and the Defendant’s vehicle driven the front part of the front part of the Plaintiff’s vehicle by a spacking an unclaimed material taken on the front wheel of the Defendant’s vehicle, which was driven earlier than the Plaintiff’s vehicle.
(hereinafter “instant accident”). C.
On August 16, 2019, the Plaintiff paid a total of KRW 3,603,00,000, excluding KRW 500,000, out of the repair cost of the Plaintiff’s vehicle.
2. Whether the claim for indemnity has been created;
A. The Plaintiff’s assertion that the instant accident was caused by the negligence of the Defendant’s driver of the Defendant’s vehicle, who failed to discover, or did not discover, but did not avoid, any fire that is far away from the front direction of the Defendant’s driving on the instant expressway on the one-lane road. As the Plaintiff’s driver, who was the insurer of the Defendant’s vehicle, was liable to compensate the Plaintiff’s vehicle for all damages incurred by the Plaintiff’s insured by the instant accident. Since the Plaintiff, as the insurer of the Plaintiff’s vehicle, was discharged from the payment obligation by subrogation of the said damages, barring special circumstances, the Defendant is the insurer of the Defendant’s vehicle.