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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the automobile D (hereinafter “Defendant”).
B. At around 15:10 on December 25, 2018, E, while driving the Plaintiff’s vehicle and going through the intersection at the right side of the Plaintiff’s vehicle, there is no G signal in the field F at the right side of the vehicle, E shocked the side side of the Defendant’s vehicle that passed behind the Plaintiff’s vehicle into the right side of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
Due to the instant accident, Plaintiff E and Dong Ha suffered injury to each of the following: (a) from January 3, 2019 to March 4, 2019, the Plaintiff paid KRW 458,350 to E, and (b) KRW 1,635,870 to H, respectively, as agreed money and medical expenses.
Article 34(2)1 of the General Terms and Conditions of the instant insurance contract provides for the following:
Article 34 (Subrogation of Insurance Company) (2) Insurance Company shall not acquire the following rights:
1. The right of the insured to a third party in the case of the "Self-Physical Accidents Act": Provided, That the insured's right is acquired when the insurance money is paid in accordance with the "Standards for the Payment of Personal Compensation and Injury by Uninsured Motor Vehicles".
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 12, Eul evidence 1 and 2 (including satisfy numbers), video and the purport of the whole pleadings
2. The parties' assertion
A. The instant accident occurred by the negligence between the Plaintiff’s driver and the Defendant’s driver, and the negligence ratio constitutes 70:30.2) The Plaintiff paid KRW 458,350 to E as medical expenses according to the instant insurance contract. Due to the instant accident, E is deemed to be “The Automobile Accident Compensation Act” under the Guarantee of Automobile Accident Compensation Act.