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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 entered into an indemnity insurance special agreement with B and C with respect to an individual motor vehicle owned by B, and entered into an indemnity insurance special agreement with B and B by another motor vehicle not covered by comprehensive insurance regardless of the operation of the said motor vehicle, and the contents of the special agreement are as follows: (a) in the event that the Plaintiff was killed or wounded and the Plaintiff was unable to receive damages from the perpetrator, the Plaintiff shall compensate B for damages in excess of the liability insurance policy; and (b) shall be transferred from B to the perpetrator for compensation for damages.
B. Around 11:00 on February 13, 2015, the Defendant was driving a D vehicle at the Newnam Nene Distance Intersection located in Jung-gu, Daegu (hereinafter “Defendant vehicle”) instead of Daegu, and there was an accident where the front part of the part fronter on the right side of the Defendant vehicle and the part of the F Oba (hereinafter “Plaintiff vehicle”) driven by E, the father of B, who is the father of the vehicle B (hereinafter “the instant accident”). As a result, E suffered injury, such as cerebral dys, in which detailed treatment for about three weeks is required.
C. The Plaintiff paid KRW 3,791,490 in total to E in accordance with the foregoing non-insurance injury special agreement from May 28, 2015 to June 9, 2015, for the purpose of E medical treatment, agreement, etc.
On June 30, 2015, 618,320 won was paid to the Plaintiff on the lot damage insurance company, which is the Defendant’s liability insurance.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 3 and 5, the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff’s assertion occurred due to the Defendant’s violation of signal, the Defendant is obligated to pay 3,173,170 won remaining after deducting 618,320 won, which was paid by the Plaintiff to the Plaintiff from the lot damage insurance out of 3,791,490 won.
B. The defendant's assertion is justified.