구상금
1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
1. Facts of recognition;
A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to Bone Star (hereinafter “Plaintiff”) owned by the Plaintiff, and the Defendant is the insurer who entered into the automobile comprehensive insurance contract with respect to C SP (hereinafter “Defendant”).
B. A’s father, around 15:20 on February 9, 2016, while driving the Plaintiff’s automobile and driving the Plaintiff’s automobile along the two-lanes in front of the Go-gun, Go-gun, Go-gun, Gangwon-do (hereinafter “instant road”), D, one of the two-lanes of the instant road, was an accident in which the front panion of the Defendant’s automobile, who changed the lanes to the two-lanes to enter the right side of the front direction of the instant road and changed to the front direction of the instant road (hereinafter “instant traffic accident”).
The Defendant’s driver did not turn on the direction-setting at the time of changing the course as above.
C. On March 4, 2016, the Plaintiff paid KRW 3,656,888 equivalent to the Plaintiff’s automobile repair cost to A as insurance proceeds in accordance with the said insurance contract.
[Ground of Recognition] Facts without dispute, entry of Gap evidence 1, 9 through 11, images of Gap evidence 2 through 8, purport of whole pleadings
2. The parties' assertion
A. The plaintiff's allegation that the traffic accident in this case occurred by the defendant's driver of the defendant's vehicle, who has driven a one-lane, due to the shock of the plaintiff's vehicle, driving the motor vehicle in one-lane by trying to change the vehicle rapidly, and driving the two-lanes in one or several advances, and by the whole negligence of the defendant's driver.
Therefore, the defendant, as the insurer, is obligated to pay the above insurance proceeds to the plaintiff who acquired the claim for damages by subrogation of the insurer A, 3,656,888 won and damages for delay.
B. The instant traffic accident asserted by the Defendant was caused by the Defendant’s vehicle having attempted to change the course while driving ahead of the Plaintiff’s vehicle.