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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.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with D vehicles (hereinafter “Plaintiffs”). The Defendant is a mutual aid business operator who has entered into an automobile mutual aid contract with E vehicles (hereinafter “Defendant vehicles”).
B. On February 19, 2018, around 09:51, the Plaintiff’s vehicle, which was coming down at a two-lane higher level than the other side of the Suwon-dong community service center in Guro-gu, Seoul, and the two-lanes of the right joint road among the two-lanes of the two-lanes of the right joint road, was an accident that shocks the front side of the driver’s seat of the Defendant vehicle, which was proceeding directly from the right joint road on the right joint road, into the front side of the Plaintiff vehicle (hereinafter “instant accident”).
C. From March 2, 2018 to April 13, 2018, the Plaintiff paid KRW 1,95,590 to F, the driver of the Plaintiff’s vehicle, as well as KRW 224,00,00 for medical expenses, etc., and paid KRW 896,00 for each of the instant accident, after deducting KRW 1,204,340 for medical expenses, etc. to G and H, the passenger of the Plaintiff’s vehicle, and KRW 1,072,240 for each of the medical expenses, etc. to F, the passenger of the Defendant vehicle, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1) The accident of this case occurred when the plaintiff's vehicle was trying to make a normal round from high level to right alley, and the defendant's vehicle failed to do so. Thus, the defendant is obligated to pay 3,178,870 won, which is the insurance money paid by the plaintiff to the plaintiff, and damages for its delay. Thus, the defendant's alleged vehicle is obligated to pay the plaintiff 3,178,870 won, which is the insurance money paid by the plaintiff, to the plaintiff, but the accident of this case occurred due to the plaintiff's vehicle being funded to the right alley, and thus the accident of this case occurred.