구상금
The part against the plaintiff corresponding to the amount ordered to be paid under the judgment of the first instance shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).
B. On November 15, 2018, around 15:10, the Plaintiff’s vehicle was in progress one-lane of the two-lanes near the office building in Bupyeong-gu, Ocheon-si. The Plaintiff’s vehicle followed the Plaintiff’s vehicle and the Defendant’s vehicle behind the Plaintiff’s vehicle.
At the time, the Plaintiff’s vehicle was bound to enter the two-lanes from the first lane to the second lane, and accordingly, the Defendant’s vehicle following the Plaintiff’s vehicle was speeded or stopped, but followed the said vehicle without speed, and the vehicle behind the vehicle was faced with the front side of the Non-Party’s vehicle (hereinafter “the first stop”), and due to the shock, the Non-Party’s vehicle shocked the front side of the Plaintiff’s vehicle.
(hereinafter referred to as “second-class stone” and the combination of the first and second-class stoness was referred to as “instant accident”). The instant accident destroyed part of the Plaintiff’s vehicle and the part of the Nonparty’s vehicle, respectively.
C. On January 25, 2019, the Plaintiff paid KRW 350,000 insurance money, excluding KRW 200,000,000 as the repair cost of the Plaintiff’s vehicle.
(hereinafter “Plaintiff’s vehicle repair cost”). D.
Meanwhile, with respect to the instant accident, the committee for deliberation on indemnity disputes (hereinafter “the deliberation committee”) is an accident in which the claimed vehicle (the Defendant vehicle) concealeds the vehicle other than the deliberation (the extra-section vehicle) and re-influences the vehicle other than the deliberation, and there is no dispute between the parties in regard to the vehicle that the claimed vehicle seeks to make a right-hand at the first lane between the two-lanes. However, the considerable decrease or suspension of the said vehicle would result in considerable decrease or suspension of the said vehicle, and even if there is no reason, it is recognized that the sudden stop without reason is a negligence.