구상금
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is an insurance company that entered into an automobile insurance contract with respect to B (hereinafter referred to as “Defendant”) with respect to the vehicle A, which is owned by B (hereinafter referred to as “Defendant”), and is an insurance company that entered into an automobile insurance contract with respect to B (hereinafter referred to as “Defendant”).
B. Around 07:20 on April 4, 2013, when driving the Plaintiff’s vehicle, and driving a bicycle driven by D (hereinafter “victim”) running on the right side (hereinafter “victim”) from the left side of the Plaintiff’s vehicle to the lower side of the Plaintiff’s vehicle in accordance with the red on-off signal at the intersection of Sung-dong, Sung-gu, Sung-gu, Sungwon-gu, Sungwon-gu (hereinafter “instant intersection”) in accordance with the red on-off signal at the 106 entrance and exit of the said apartment, which was going to the right side of the Plaintiff’s vehicle in accordance with the straight-off signal.
(hereinafter referred to as “instant accident”). C.
Meanwhile, at the time of the instant accident, Defendant 1, a driving school bus, was illegally stopped to have students aboard the crosswalk in the direction of the victim’s proceeding (hereinafter “instant crosswalk”). D.
Due to the instant accident, the victim suffered serious injury of blood species, etc. in need of treatment for about 20 weeks, the degree of difficulty in recovering consciousness, and the Plaintiff paid the victim KRW 209,530,270,000 (i.e., hospital treatment expenses of KRW 194,007,90,000) as insurance proceeds from the instant accident until February 18, 2016 (i.e., hospital treatment expenses of KRW 5,522,370).
E. C (hereinafter “Plaintiff-Motor Vehicle Driver”) was indicted for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents by Changwon District Court 2013Kadan2073, but was dismissed by mutual consent with the victim.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to Gap evidence 4, Gap 12, 15, 17, 18, Eul evidence 1 and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion.