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 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 a mutual aid agreement with respect to the automobile D (hereinafter “Defendant”).
B. On September 29, 2016, around 1:58, the driver of the Plaintiff’s vehicle followed the northbu industry, which is a four-lane in e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e., the e. the e. the e. the e.
(hereinafter referred to as “instant accident”). C.
On October 13, 2016, the Plaintiff paid the Plaintiff’s driver KRW 2,779,900 in total, including KRW 1,500,00 as agreed money, and KRW 1,279,90 in medical expenses on November 28, 2016, and returned KRW 50,000 on September 13, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion occurred by gross negligence on the part of the Defendant’s driver who illegally parked on the four-lanes of the road, and the negligence ratio is 70%. Therefore, the Defendant is obliged to pay the Plaintiff KRW 1,945,930 (=2,779,900 + 70%) equivalent to 70% of the insurance money that the Defendant paid to the Plaintiff.
B. The Defendant’s assertion that the Defendant’s violation of the Defendant’s duty of driving and front-time care is the major cause of the instant accident. The Defendant’s duty of reimbursement against the Plaintiff is limited to KRW 277,990 (=2,779,900 x 10%) because the Defendant’s fault ratio of the Defendant’s driver is merely 10%.
3. The following circumstances, i.e., the place of the instant accident, which is the bottom of the bridge, did not interfere with the view of the instant road. ② The place where the instant accident occurred, i.e., the place where the instant accident occurred, i.e., the fourth-line road of the straight line, and the place where the instant accident occurred, is bad.