beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to A5 tons of cargo vehicles (attached Form 2, hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into an automobile comprehensive insurance contract with respect to B1 ton of cargo vehicles (attached Form 2, hereinafter “Defendant vehicle”).
B. On October 28, 2016, at around 04:25, the Defendant’s vehicle was running along the three-lanes of 86 Jamamamhon-ro 4-gil, Seo-gu, Daejeon, Daejeon at the point of 282.5 km in Busan Busan, and the Defendant’s vehicle left the vehicle in the direction of the vehicle and the opposite direction of the vehicle between the two-lane and the three-lane while driving the vehicle along the three-lane.
(hereinafter “1st accident”). C. The Plaintiff’s vehicle running along the three-lanes thereafter, as the front part of the left-hand side of the Plaintiff’s vehicle, was shocked on the left-hand side of the Defendant’s vehicle, which was stopped due to the said first accident (hereinafter “2nd accident”).
The Defendant paid the Plaintiff the amount of KRW 5,364,950 (i.e., medical expenses of KRW 3,506,58,370) as insurance money on the ground that the driver of the Defendant’s vehicle sustained injury due to the second accident (i.e., medical expenses of KRW 3,506,58,370), and then filed a request for deliberation with the Deliberation Committee on the Settlement of Claims against the Plaintiff. On August 21, 2017, the Deliberation Committee set the rate of negligence between the Plaintiff’s vehicle and the Defendant’s vehicle at 60%:40%, and determined the amount of deliberation and resolution to be paid by the Plaintiff as KRW 3,218
E. The Plaintiff paid a total of KRW 3,218,970 to the Defendant by September 1, 2017 according to the foregoing decision.
[Ground of Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 9 (including each number), or the purport of the whole pleadings
2. Determination as to the cause of action
A. At the time of the second accident, the driver of the Defendant’s vehicle, who claimed the Plaintiff, suffered injury due to a strong shock that occurred while conflicting with the first accident.