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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 1,849,90 and KRW 1,628,520 among them.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with A with respect to B vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an insurance contract for “family love insurance that provides for legal liability for damage to another person’s physical disability or property due to an unexpected accident attributable to the insured’s daily life as the insured, including a general terms and conditions for liability for compensation for loss of others’ physical disability or property (hereinafter “instant liability insurance contract”).
B. On June 28, 2017, at around 22:10, the Plaintiff’s vehicle driven along the four-lanes of the five-lanes of the two-lanes, which are located in the direction of the high-speed distance, along the two-lanes of the said road (hereinafter “Defendant’s bicycle”) around the two-lanes of the said road, and the collision between the Plaintiff’s front projector and the part of the bicycle driven by C (hereinafter “instant accident”).
C. On July 13, 2017, the Plaintiff paid the insurance proceeds of KRW 2,757,000 (the self-charges of KRW 200,000) with the repair cost of the Plaintiff’s vehicle. On August 3, 2017, the Plaintiff paid the insurance proceeds of KRW 500,040 with the medical expenses of KRW 30,00.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6 through 9, Eul's 3 and 4, or the purport of the whole pleadings
2. Determination:
A. According to the facts of the first instance recognition, the accident of this case is deemed to have been caused by the negligence of C, which entered the two-lanes of the vehicle owner after getting on and driving a bicycle at night. Thus, C is liable to compensate for the damages incurred by the accident of this case by the owner of the vehicle owner A, and the Plaintiff, as the insurer of the Plaintiff vehicle, paid insurance money equivalent to the repair cost of the Plaintiff vehicle to A. Article 682 of the Commercial Act.