구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts (1) The Plaintiff is a mutual aid association established under the Trucking Transport Business Act, and a person who entered into a comprehensive cargo mutual aid agreement with the Korea Development Bank of Korea (hereinafter “Plaintiff”) with respect to a A Hyundai 5 tons truck owned by it.
The Defendant is an insurer who has concluded an automobile insurance contract with the CEX car owned by B (hereinafter referred to as “Defendant vehicle”).
② Around 10:40 on August 4, 2012, D driving the Plaintiff’s vehicle, driving the Plaintiff’s vehicle, driving the vehicle from the parallel line in front of the Yellow Mountain Village, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and driving the vehicle from the parallel line to the tamping plane along the two-lane parallel line in front of the Yellow Mountain Village, which was parked on the two-lane road and the side side of the right side of the road, and causing injury to the passengers of the Defendant vehicle.
(hereinafter referred to as “instant accident”). [The grounds for recognition] The following facts are without dispute; Gap evidence 1, 2, and 6; Eul evidence 1; Eul evidence 3-1, 2, and Eul evidence 5-1, 5-2; the purpose of the whole pleadings;
2. B, the driver of the Defendant vehicle, who is the Plaintiff’s assertion, stopped the Defendant vehicle while occupying a part of the two-lanes of the front side of the road in which the instant accident occurred, and ② did not install the sign of the broken vehicle on the road behind at least 100 meters from the Defendant vehicle, in violation of the road traffic-related statutes.
As to the occurrence of the instant accident, the above fault ratio of the Defendant vehicle is at least 30%.
From August 10, 2012 to April 6, 2015, the Plaintiff paid KRW 46,326,967 in total to the victims of the instant accident in accordance with the comprehensive cargo mutual-aid agreement (i.e., KRW 1,186,00 in KRW 1,186,00 in KRW 1,749,00 in KRW 1,749,00 in KRW 1,749,00 in KRW 1,41,869,967 in total).
The defendant's 13,898,090 won (=46,326,967 won x 30% x less than won) equivalent to 30% of the internal fault ratio of the defendant's vehicle out of the 46,326,967 won paid by the plaintiff who acquired the right to indemnity in accordance with the subrogation legal principle of insurer subrogation under Article 682 of the Commercial Act, and the defendant's 46,326,967 won.