구상금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to a vehicle owned by B (hereinafter “Plaintiff”) and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D LV vehicle (hereinafter “Defendant vehicle”).
B. On January 2, 2017, at around 13:25, E driven the Plaintiff’s vehicle, and entered the intersection (hereinafter “instant intersection”) within the one-story parking lot of the U.S.A. 5 apartment complex underground (hereinafter “instant parking lot”) located in Goyang-gu, Seoyang-gu (hereinafter “instant parking lot”), and shocked the front part of the Plaintiff’s vehicle and the front part of the Defendant’s vehicle driving along the instant intersection, which passed the instant intersection with the front part of the Defendant’s vehicle.
(hereinafter referred to as “instant accident”). C.
On February 10, 2017, the Plaintiff paid F insurance proceeds of KRW 991,743 in total, including KRW 925,243, and KRW 66,500, to G, with the repair cost of the Plaintiff’s vehicle due to the instant accident (= KRW 925,243 + KRW 66,500).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, 6, and 7, Gap evidence Nos. 2, 3, 5, and 8, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The gist of the parties’ assertion (i) at the time of the instant accident, the Plaintiff’s vehicle and the Defendant’s vehicle entered the instant intersection at a high speed, and the Plaintiff’s vehicle entered the instant intersection at the same time, while the Defendant’s vehicle entered the instant intersection at a very rapid speed and did not yield the course to the Plaintiff’s vehicle going on the right-hand side of the direction, resulting in the instant accident. As such, in the instant accident, the fault ratio of E, the Plaintiff’s driver, and the Intervenor’s fault ratio, the Defendant’s driver, are 20%.
However, for the Plaintiff’s insured, the Plaintiff is the Plaintiff’s vehicle due to the instant accident.