구상금
1. Each appeal filed by the plaintiff and the defendant is dismissed.
2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).
B. Around 10:00 on November 15, 2018, the Plaintiff’s vehicle stopped the front part of the Plaintiff’s vehicle at a rapid speed when the front vehicle in the same direction as the Plaintiff’s vehicle stops along the same lane while driving in the direction of south from the northwest of the Bridge. The Plaintiff’s vehicle stopped the front part of the Plaintiff’s vehicle while driving ahead of it in the same direction as the Plaintiff’s vehicle on the northwest of the Bridge. By this shock, the front part of the Plaintiff’s vehicle, which was driven behind the same lane, was driven by the front part of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
On December 17, 2018, the Plaintiff finally paid KRW 4,581,190, which deducts KRW 500,000 of the self-paid cost for the repair cost of the Plaintiff’s vehicle due to the instant accident, as insurance proceeds.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 1 (including paper numbers), the purport of the whole pleadings
2. The parties' assertion
A. At the time of the instant accident, the Defendant’s vehicle at the time of the instant accident, despite the stopping of the vehicle, was proceeding at a rapid speed without looking at the front, and the instant accident occurred. As such, the instant accident was caused by the total negligence of the Defendant vehicle.
Therefore, the defendant is obligated to pay to the plaintiff 4,581,190 won and damages for delay, which are the full amount of the insurance money paid by the plaintiff with the indemnity.
B. At the time of the instant accident, the driver of the Plaintiff’s vehicle, who was well aware of the defensive driving, leading the Defendant’s vehicle to continue to drive the front part of the Plaintiff’s vehicle without controlling the brake device.