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1.The judgment of the first instance shall be modified as follows:
upon the plaintiff's ancillary claim added at the trial.
Reasons
Basic Facts
The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with A (hereinafter “Plaintiff”) and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with B (hereinafter “Defendant taxi”).
At around 09:40 on June 26, 2015, Defendant taxi, along with the two-lanes in the 3-lanes of the mountain area, the area of the Plaintiff’s vehicle driven in the same direction as the front part of Defendant taxi, while driving into the flood slope from the four-lanes of the mountain area, the area of the mountain area, the area of the river, the area of which is located in the direction of Defendant taxi.
Due to the shock, C and D vehicles that were being pushed ahead of the Plaintiff’s vehicle were in the future, and the collisions occurred in order.
(hereinafter “instant accident.” By November 6, 2015, the Plaintiff paid insurance proceeds of KRW 2,195,700 to the driver E of the instant vehicle, KRW 3,526,230 to the driver of the D vehicle, KRW 937,280 to the passenger G of the D vehicle, KRW 2,065,930 to the H, and KRW 8,725,140 to the passenger of the D vehicle.
[Ground of recognition] The plaintiff asserts that the plaintiff is liable to pay the plaintiff the amount of 8,725,140 won and damages for delay as compensation by subrogation of the insurer since the accident in this case occurred by the unilateral negligence of the defendant taxi. Thus, the defendant is liable to pay the plaintiff the amount of 8,725,140 won and damages for delay.
In order to recognize subrogation of the insurer against a third party of the insurer as stipulated in Article 682 (1) of the Commercial Act, the insurer is liable to pay insurance money to the insured, and even if the insurer has no liability to pay the insurance money because it falls under the non-security damage in the insurance contract, the insurer is liable to pay the insurance money to the insured.