구상금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff concluded a comprehensive automobile insurance contract with C vehicle (hereinafter “Plaintiff”), and the Defendant concluded a comprehensive automobile insurance contract with D vehicle (hereinafter “Defendant vehicle”).
B. Around 11:00 on October 19, 2018, the Defendant’s vehicle shocked the part of the back part of the Plaintiff’s vehicle parked in the said parking lot while returning to the coaches at the parking lot of the Busan Dong-dong District Court of Gwangju-dong, Busan-dong.
(hereinafter referred to as “instant accident”). C.
On February 19, 2019, the Plaintiff paid 668,340 won, deducting 200,000 won of self-paid charges, as insurance money, for damages, such as the Plaintiff’s automobile repair cost.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 1 and 4, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, since the Plaintiff’s vehicle was damaged by the negligence of the Defendant’s vehicle, the Defendant is liable to compensate for the damages incurred by the Plaintiff’s vehicle due to the instant accident, and the Defendant, the insurer of the Defendant’s vehicle, by paying KRW 668,340 with the insurance money for the Plaintiff’s vehicle in accordance with the insurance contract with the Plaintiff’s driver, was exempted within the payment scope, and thus, the Plaintiff is entitled to indemnify the Defendant for the part to be borne by the Defendant in accordance with the insurer’s subrogation doctrine
(2) Therefore, the Defendant is obligated to pay to the Plaintiff 668,340 won [the total amount of 888,340 won (=the insurance amount of 668,340 won) - Self-paid 200,000 won] and damages for delay calculated by applying each rate of 12% per annum under the Civil Act from February 20, 2019 to August 13, 2020, which is the day following the date of the final judgment of the Supreme Court, from February 20, 2019 to August 13, 2020, and from the next day to the day of full payment.
B. The Defendant did not contact the Plaintiff’s vehicle at the time of the instant accident.