구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with Cppon vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with Dpon vehicle II (hereinafter “Defendant vehicle”).
B. On August 4, 2018, the driver of the defendant vehicle is changing the two-lane course to turn to the left by avoiding the vehicle ahead of it while driving the defendant vehicle on or around 08:30, while driving the vehicle and driving the one-lane of the road in front of the Seoul Gangnam-gu apartment.
In the second degree, the part of the plaintiff vehicle which was signaled in the atmosphere was shocked.
(hereinafter referred to as “instant accident”). C.
On January 10, 2019, the Plaintiff paid KRW 2,528,90,00 to the Plaintiff’s repair cost, excluding KRW 200,000,000 for the insured.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff asserts that the Defendant, the insurer of the Defendant, is obligated to pay KRW 2,528,90 to the Plaintiff in accordance with Article 682 of the Commercial Act, since the Plaintiff caused damage to the Plaintiff’s vehicle due to the negligence of the driver of the Defendant’s vehicle, and the Plaintiff paid KRW 2,528,90,00, which is the amount equivalent to the repair cost. In response, the Defendant asserts that the damage of the Plaintiff’s vehicle caused by the instant accident is limited to the front part, and that there is no liability to compensate the Defendant’s driver for the repair cost exceeding the repair cost.
B. Determination 1) The following facts can be acknowledged in full view of the statements and images of Gap evidence Nos. 5 through 9, Eul evidence Nos. 2 through 6, and the results of the inquiry reply to the F company of this court, and the purport of the entire pleadings. A) The sufficient parts of the defendant vehicle are the front wheeler of the plaintiff vehicle's driving seat, front wheeler, front wheeler, front wheeler, wheelchairs, wheelchairs, and thereby the external damages of the plaintiff vehicle are the front wheeler and front wheeler parts.
B. The instant case.