구상금
1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.
2.
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A Coin Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant”).
B. On October 21, 2017, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle at around 07:55, while driving the Plaintiff’s vehicle, one-lane of the two-lane two lanes near the Southern-gu Seoul metropolitan road. However, in order for the Defendant’s vehicle to turn to the right side of the Plaintiff’s driving direction, the vehicle entered the said intersection to turn to the left at the right side of the Plaintiff’s driving direction, and the front part of the Plaintiff’s vehicle shocked the Plaintiff’s right side, and due to this shock, the Plaintiff’s vehicle continuously invaded the central line, and caused the Plaintiff’s shock of the vehicle.
(hereinafter referred to as “instant accident”). C.
On December 26, 2017 due to the instant accident, the Plaintiff paid KRW 11,570,000 in total, including KRW 2,766,00, KRW 301,00 to E, KRW 8,452,00 to F, and KRW 51,00 to G, with the repair cost of the Plaintiff’s vehicle.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 4, Eul evidence 1, Gap evidence 5, 6, 9, Gap evidence 8-1, 2, Eul evidence 2, the purport of the whole pleadings, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The main point of the party’s assertion (i) the instant accident occurred when the Plaintiff’s vehicle was normally proceeding in accordance with the new subparagraph, but the Defendant’s driver attempted to enter the said intersection on the joint roads without waiting the Plaintiff’s vehicle to move. Thus, it was impossible for the Plaintiff’s driver to predict the sudden movement of the Defendant’s vehicle.
However, by paying insurance money of KRW 11,570,00 for the repair cost of the instant vehicle due to the instant accident for the insured of the Plaintiff, the insured shall be subrogated by the insurer under Article 682 of the Commercial Act.