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1. The Defendant’s KRW 17,530,338 as well as the Plaintiff’s annual rate from January 30, 2014 to April 10, 2015.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) A, which is the subject of the Defendant’s vehicle mutual aid agreement, (hereinafter “Defendant vehicle”).
Around 15:50 on July 31, 2013, at a point of about 382 km in the Sin speed of about 60 km in the metropolitan direction of the city at the 4-lane road, which is located in the Sinsung-si B, an insured vehicle of the Plaintiff (hereinafter referred to as the “Plaintiff”) running at a speed of about 100 km per hour from the later side of the Defendant vehicle in the same direction as the front wheeler of the Plaintiff vehicle, and the latter part of the latter part of the driver’s seat of the Defendant vehicle (hereinafter referred to as the “Plaintiff”).
(3) A driver of the Plaintiff’s vehicle (hereinafter “instant accident”) suffered from approximately 8 weeks’ side of the uppermost ske and alleys, etc. due to the instant accident, and the Plaintiff paid C the insurance proceeds of KRW 29,217,230,00 in total as the name of the treatment expenses, etc. from September 4, 2013 to January 29, 2014. [Grounds for Recognition] without any dispute, A’s evidence 1 to 5, B, 1 to 4, 6, and 7 evidence (including each number), and the purport of the entire pleadings.
B. The driver of the vehicle who intends to change the lane in which the obligation to pay the indemnity has occurred, despite the duty of care to safely change the lane so as not to impede the normal passage of other vehicles entering the direction of the change, while considering the traffic conditions of the front and rear left, the driver of the vehicle who neglected the above duty of care shall be deemed to have caused the instant accident.
Therefore, the defendant is obligated to pay the amount of indemnity equivalent to the portion of its share to the plaintiff upon the plaintiff's subrogation pursuant to Article 682 and the proviso of Article 729 of the Commercial Act.
C. The Defendant’s share of the charge ratio to the scope of exercise of the right to indemnity is the instant accident between the Plaintiff’s vehicle and the Defendant’s driver.