Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport:
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the driver of D Vehicle (hereinafter “Defendant Vehicle”).
B. On October 5, 2018, the Defendant driven the Defendant’s vehicle and changed the lane from one lane to two lanes on the third lane of the 3rd line in the Sungsan-dong, Mapo-gu, Seoul to the inside circulation of Seongdong-gu, Seoul, the Defendant shocked the part on the left side of the Plaintiff’s vehicle, which driven the two lanes at the end of the end.
(hereinafter referred to as “instant accident”). C.
On November 28, 2018, the Plaintiff paid KRW 2,038,50,00 as insurance money after deducting KRW 200,000 of the self-paid cost for the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6 and the purport of the whole pleadings
2. Judgment on the plaintiff's right to indemnity
A. Comprehensively taking account of the facts and the evidence revealed earlier, the instant accident caused the Defendant’s negligence by changing the lane without recognizing the existence of the Plaintiff’s vehicle driving ahead of it.
The Defendant is obligated to compensate the owner of the Plaintiff for damages, such as the cost of repairing the Plaintiff’s vehicle due to the instant accident.
B. Therefore, pursuant to Article 682(1) of the Commercial Act, the Defendant is obligated to pay to the Plaintiff the amount of KRW 2,038,500 for indemnity and the delay damages calculated at the rate of 5% per annum under the Civil Act from November 29, 2018 (the day following the payment date of the Plaintiff’s insurance money) to June 12, 2019 (the delivery date of the complaint in this case) and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.
C. As to this, the defendant asserts that 400,000 won paid to the owner E of the plaintiff in the criminal conciliation process of the accident of this case should be deducted from the plaintiff's indemnity amount.
Oral Dogs No. 1 shall be made in the statement of No. 1.