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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with C and D automobiles (hereinafter “Plaintiff’s automobiles”), and the Defendant is the owner of E Oba (hereinafter “Defendant Oba”).
B. Around May 26, 2015, around 18:05, at the front intersection of G in Jung-gu Incheon, Jung-gu, Incheon, Defendant Oraba, operating from the front intersection to the Aambaba logistics complex. On the other hand, due to the negligence in contravention of the signal, the Plaintiff’s passenger car front-way, driving from the south port to the NG Logistics Center.
As a result, C, H, who was on board the Plaintiff’s car, was injured, and was treated by I, I, and J Hospital.
C. The Plaintiff paid KRW 2,456,00 to H as medical expenses and agreed amount, and KRW 1,551,920 to C, respectively, and received KRW 2,400,000 from the KB damage insurance, which is the liability insurer of Defendant Orala, as Defendant Orala.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers in case of additional number), the purport of whole pleadings
2. According to the fact of finding the cause of the claim, since the above accident occurred due to the negligence in violation of the signal signal set forth in B, the defendant, who is the operator of the defendant Oba, is liable for the above accident. Since the plaintiff paid the insurance money to C and H arising from the accident, the plaintiff acquired the right to indemnity against the defendant in accordance with Article 682(1) of the Commercial Act.
Therefore, the Defendant did not appeal as to this portion from September 18, 2015 to September 10, 2016, which was the date of delivery of a copy of the complaint against the Defendant, from September 18, 2015, after the date of delivery of a copy of the complaint against the Defendant, which was the date of payment of the Plaintiff’s insurance money.
5% per annum as provided by the Civil Code and from the next day to the day of full payment.