구상금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
1. Facts of recognition;
A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with a private taxi vehicle A (hereinafter “Plaintiff”).
B. On March 20, 2014, at around 22:12, 2014, the Plaintiff’s vehicle driven two-lanes near Cheongcheon-dong, Jung-gu, Seoul Special Metropolitan City on the Cheongdo-dong Cheongdo-dong Cheongdo-dong Cheongdo-dong 2, the Cheongdo-do-dong Cheongdo-dong 2 was driven from the Cheongdo-dong to the Cheongdo-dong 4, and Cheongdo-do-dong 2, and the Cheongdo-dong 2 was turned down as it is without a green light and red light due to a signal apparatus failure
(hereinafter referred to as “instant accident”). C.
By February 4, 2015, the Plaintiff paid insurance proceeds of KRW 5,232,160,00 in total, for respective medical expenses for the passengers of the Plaintiff vehicle, the driver of the damaged vehicle, and the repair cost of the damaged vehicle.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion occurred due to the defect in the installation or management of the instant signal, etc., and thus, the Defendant, who is the installer and manager of the instant signal, is obliged to pay the Plaintiff the insurance money paid by the Plaintiff and the damages for delay therefrom as compensation.
B. The Defendant’s assertion that the instant accident occurred due to the negligence of the Plaintiff’s driver, who was aware of the malfunction of signal apparatus and neglected the duty of care to see and safely drive the front door and the front door. Therefore, the Plaintiff’s claim cannot be complied with.
3. Determination
A. The driver of a vehicle can check the contents of the signal apparatus by other signal apparatus on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and right are exercised