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1. The Plaintiff’s obligation to pay the insurance money due to the damage to the Defendant is 6,400,000 won.
Reasons
1. Basic facts
A. On September 6, 2014, at around 09:40 on September 6, 2014, the Defendant driven Nonparty C customer-owned Baba (hereinafter “the instant Obaba”), which was under his/her custody in the lease and repair store of the Orbabab, and moved back to the front part of the Obababba (hereinafter “the instant accident”). On the front part of the Dpoter vehicle (hereinafter “the instant vehicle”) which was directly located in the front part of the Obabababba, the Defendant turned to the front part of the Obaba (hereinafter “the instant accident”).
B. The Plaintiff is the insurer who concluded the automobile insurance contract with respect to the instant vehicle, and the Mesz fire marine insurance company is the insurer who concluded the automobile insurance contract with respect to the instant Mesa.
C. As to the instant accident, the Plaintiff and Metsts Fire Marine Insurance Co., Ltd. agreed 60% of the negligence in the instant case and 40% of the negligence in the instant vehicle.
Meanwhile, in the instant case brought by the Plaintiff against the Defendant and C, the Seoul Central District Court 2014ss money56301 (hereinafter “instant conciliation decision”) concluded on February 13, 2015 that “In connection with the instant accident, the Plaintiff shall pay C damages of KRW 6.4 million, loan charges of KRW 228,800, and damages for delay calculated at the rate of KRW 20% per annum on March 10, 2015, and the Plaintiff and C shall not make any claim against the other party in the future” (hereinafter “instant conciliation decision”).
[Ground of recognition] Facts without dispute, significant facts in this court, Gap 1 and Eul 2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion 1) At the time of the instant accident, the Defendant did not have the right to claim directly against the Plaintiff the repair cost and the lending fee, etc., and even if the Defendant appears to have the direct claim against the Plaintiff from C (the insurer of the victim).
(b).