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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The fact of recognition is an insurer who has entered into a comprehensive automobile insurance contract with respect to D vehicles owned by C (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a contract with G operating the gas station and the tunnel type automatic washing machine installed within the aforementioned gas station (hereinafter “instant detailed vehicle”).
C On November 15, 2018, around 15:50, the said gas station entered the instant three-dimensionals according to the guidance of the staff of the gas station in order to rent the Plaintiff’s vehicle.
C During the way in which the Plaintiff’s vehicle entered the instant three-way, the operation of the said three-way vehicle stopped, thereby reworking by the gas station staff. While the Plaintiff’s vehicle proceeding in the instant three-way, the burging part of the Plaintiff’s vehicle and the three-way vehicle conflict with each other, the front glass of the Plaintiff’s vehicle was destroyed.
(hereinafter referred to as “instant accident.” On December 4, 2018, the Plaintiff paid KRW 1,218,010 for insurance proceeds after deducting KRW 304,00,000, for damages, such as the cost of repairing the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 7, 11, Eul evidence Nos. 1, 2, and 6, video, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the defendant, who is an insurer securing the liability for damages of G for the following reasons, is obligated to pay the indemnity to the plaintiff who subrogated the right to claim damages in accordance with the subrogation doctrine under Article 682 of the Commercial Act.
In light of the fact that the detailed period of the instant car has ceased to operate, the said detailed period seems to have been mechanical defects, and the instant accident occurred beyond the operation due to the said mechanical defects.
Therefore, G, who is the possessor or owner of the instant detailed period, shall be liable for damages under Article 758(1) of the Civil Act to C.