1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C with respect to the automobile of D (hereinafter “Plaintiff”) and the Defendant is the insurer who has entered into an automobile insurance contract with respect to the EF vehicle (hereinafter “Defendant vehicle”).

B. On September 20, 2017, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle on September 17:32, 2017, while driving the Plaintiff’s vehicle and driving the Plaintiff’s two-lanes near the Songpa-dong Seoul Songpa-gu Seoul Metropolitan Office Steering distance along the boundary of the director-distance from the Olympic Park to the boundary of the three-lane road. At the time of construction work, the Defendant’s vehicle driving the first lane, one of which is one of the two-lanes, was obstructed by the front left side of the Plaintiff’s vehicle, and the front left side of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). C.

On December 18, 2017, the Plaintiff paid 50,000 won (=70,000 won - 200,000 won - 200,000 won for the Plaintiff’s automobile due to the instant accident (i.e., public rental cost of KRW 279,858 + KRW 421,000 + deducted KRW 858) as insurance money to C on December 18, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, and 7, Gap evidence No. 6, Gap evidence No. 6, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party's assertion is (i) the defendant vehicle that had been driving one lane at the time of the original vehicle shocked the plaintiff vehicle that had been driving the two lanes normally while changing the two lanes. The accident in this case occurred by the total negligence of the driver of the defendant vehicle.

However, by paying insurance money of KRW 500,000 to the insured of the Plaintiff’s vehicle C, the Plaintiff acquired the right to claim damages against the Defendant’s driver by subrogation of the insurer under Article 682 of the Commercial Act.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obliged to pay to the plaintiff 500,000 won with the indemnity and damages for delay.

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