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1. Of the judgment of the first instance, KRW 2,977,300 against the Plaintiff among the judgment of the court of first instance, and its related thereto, from February 10, 2017 to December 22, 2017.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A dump truck (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. On March 24, 2016, around 15:50, the driver of the Defendant vehicle C proceeds one-lane of the two-lanes around the Jcar Center located in the Gowon-gun, Changwon-gun, and the driver of the Plaintiff vehicle F proceeds the same two-lanes of the same road as that of the Defendant vehicle. However, the Defendant vehicle, who attempted to change the vehicle to the two-lanes where the Plaintiff and the Plaintiff are driving the vehicle without turning the direction direction, did not change the vehicle to the two-lanes where the Plaintiff is driving the vehicle (hereinafter “instant accident”).
C. The Defendant paid KRW 2,977,300,00 in total insurance money to the Dong-man G of the Plaintiff and the Defendant under a comprehensive automobile insurance contract, and filed a petition with the Automobile Insurance Dispute Deliberation Committee around September 7, 2016 for deliberation of the dispute over the rate of negligence between the Plaintiff and the Defendant’s vehicle.
Around November 2016, the foregoing commission decided that “the fault ratio of the Plaintiff’s vehicle and Defendant’s vehicle is about 40:60 won. However, since 2,977,300 won is treatment expenses, the Plaintiff paid KRW 2,977,300 to the Defendant.” However, the Plaintiff appealed and filed a petition for reexamination. On January 2017, the said commission decided that “the fault ratio of the Plaintiff’s vehicle and Defendant’s vehicle is 20:80, and 2,977,30 won is treatment expenses, and the Plaintiff paid KRW 2,977,30 to the Defendant.”
E. On February 2, 2017, the Plaintiff paid KRW 2,977,300 to the Defendant as a reimbursement, and filed the instant lawsuit on the same day.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2 shall include various numbers.