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. Facts of recognition;
A. The Plaintiff is a mutual aid operator who entered into a comprehensive motor vehicle mutual aid agreement with the same-sex transportation company (hereinafter “Plaintiff”) for the same-sex transportation company, and the Defendant is the owner and driver of Oral Ba (hereinafter “Defendant vehicle”).
B. On December 11, 2007, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle at around 09:30, and passed the intersection located at the 452-41-dong, Gangdong-gu, Seoul Metropolitan Government along the three-lane radius of the vocational training center from the shooting distance room to the shooting distance of the Plaintiff’s vehicle, the front front front part of the Defendant’s vehicle, who entered the intersection from the left side of the running direction of the Plaintiff’s vehicle, was shocked with the front front part of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
By February 4, 2008, the Plaintiff paid insurance proceeds of KRW 2,186,90,00 to the Plaintiff’s medical expenses, a passenger of the Plaintiff’s vehicle, etc.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including branch numbers in case of additional number), Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. Regarding the instant accident alleged by the Plaintiff, the Defendant was negligent in driving the Defendant’s vehicle by entering the intersection in a unreasonable manner at the time when the red signal is finished in the direction of the Plaintiff’s vehicle driving, and by unlicensed license. The Plaintiff, a mutual aid business operator of the Plaintiff’s vehicle, paid insurance money to D and jointly discharged the Defendant, who is a joint tortfeasor. As such, the Defendant is obligated to claim against the Plaintiff for reimbursement of KRW 2,186,90 and damages for delay.
B. The following circumstances, which are acknowledged by comprehensively taking account of the facts of recognition as to the cause of the claim and the above evidence, namely, the intersection where the accident occurred, which is the location of the Plaintiff’s vehicle, have a signal, etc. only to both sides of the road on which the Plaintiff’s vehicle was travelling, and thus, the Plaintiff’s driver as the driver of the Plaintiff’s vehicle does not have a signal,