구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract with respect to DOcca (hereinafter “Defendant vehicle”).
B. On March 21, 2019, around 17:45, the Defendant’s vehicle driven along the fourth-lane road in front of the Paris Park in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, along the fourth-lane road, along the third-lane and the fourth-lane road, conflict with the left side of the Plaintiff vehicle, at the center of overtaking the Plaintiff vehicle.
(hereinafter “instant accident”). C.
On April 23, 2019, the Plaintiff paid KRW 1,547,90 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, 6 and 7, and the purport of the whole pleadings
2. In light of all the circumstances, such as the fact of recognition as to the Plaintiff’s right to indemnity, the background of the accident, the degree of conflict, and the degree of shock, etc., it is reasonable to view that the instant accident occurred by the Plaintiff’s total negligence, as the case where the Defendant’s vehicle driven the three-lane road at the location of the accident, while trying to overtake the Plaintiff’s vehicle at the location of the three-lanes and the four-lanes, and lost its center, and the Plaintiff’s vehicle driving at the four-lanes, and there was no negligence or negligence of the Plaintiff’s driver in relation to the instant accident.
Therefore, pursuant to Article 682(1) of the Commercial Act, the Defendant, who is the insurer of the Defendant vehicle, is obligated to pay to the Plaintiff the above insurance proceeds of KRW 1,547,90 and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from April 24, 2019 (the day following the payment date of the Plaintiff’s insurance proceeds) to May 17, 2019 (the day of delivery of a duplicate of the complaint in this case) and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. Conclusion.