구상금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract with respect to B truck (hereinafter “Defendant”).
B. On December 31, 2015, at around 07:50, the Plaintiff’s vehicle stopped in front of the moving direction on the road adjacent to the site of the construction of the North Asia-do Housing Redevelopment Apartment Complex located in Seo-gu, Seoul (hereinafter “instant road”), and moved to the left-hand side of the road to overtake it, but the vehicle was facing the Defendant’s vehicle located on the left-hand side of the road and stopped each other. Since the Defendant’s vehicle failed to take the brake measures on the right-hand side of the road, it was shocked with the Plaintiff’s vehicle standing in front of the moving direction.
(hereinafter referred to as “instant accident”). C.
The plaintiff from February 5, 2016 to the same month.
2. By December 23, 200, the insurance money of KRW 15,754,50 was paid in total as the repair cost for the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, video, purport of whole pleading
2. The following circumstances recognized in accordance with the above recognized facts, including ① the road of this case without the central line sign and is capable of driving the vehicle on both sides of the road. The Defendant vehicle is shocked with the Plaintiff vehicle that was parked while driving on the road of this case, even though the Plaintiff was aware in advance that the vehicle is under stop on both sides of the road, and the vehicle of this case was under stop on the road of this case. ② The Plaintiff vehicle moved to the left side of the road of the road where the vehicle of this case stopped on the right side of the direction direction and moves to the opposite direction. Accordingly, the Plaintiff vehicle of this case goes against the Defendant vehicle of this case, etc. of this case.