구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport.
1. The circumstances leading to the instant accident are as follows.
At the time of the accident, the insured vehicle A, at the time of the insured vehicle A, on June 9, 2016 at the time of the accident, changed the insured vehicle from three to four lanes in the situation of the collision near the long-term death distance in Songpa-gu Seoul, Songpa-gu, Seoul, to the four lanes, and the insured vehicle paid the insured vehicle to the Plaintiff 1,002,210,000 of the shock insurance money, and there is no dispute over the 250,000 of the self-payment of the insured vehicle for self-determination of the insured vehicle for self-determination of the insured vehicle for self-determination of the insured vehicle
2. The Plaintiff asserts that the instant accident occurred due to the unilateral negligence of the Defendant’s insured vehicle, and sought the full amount of the insurance money paid by the Plaintiff and damages for delay from the day following the final payment date.
First, I examine the argument that the negligence of the defendant insured vehicle is 100%.
In light of all the circumstances, such as the fact of recognition and the background of the accident, the degree of conflict, and the degree of shock, it is reasonable to deem that the Plaintiff’s insured vehicle is negligent at least 11% of the accident of this case. Thus, the Plaintiff’s above assertion is without merit.
However, the Plaintiff’s insurance proceeds of this case are paid on the basis of the self-vehicle damage security, and the self-vehicle damage security has the nature of consideration for insurance premiums paid by the insurer up to the time of the occurrence of the insurance accident. It is separate from the liability to compensate for damages borne by the Defendant Insured Vehicles. The Plaintiff is the insurer who has not compensated for the part of the amount corresponding to the insured’s self-paid damages.
Therefore, in this case, the insured of the insurance contract for the plaintiff vehicle is not compensated for the insurance money received from the plaintiff, who is the insurer, and the third party who is liable for the damages such as the driver or insurer of the defendant vehicle, shall offset the total damages by negligence.