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1. From March 7, 2019 to December 11, 2019, the Plaintiff’s KRW 9,682 against the Defendant among the judgment of the first instance.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).
B. On December 7, 2018, around 07:00, there was an accident in which the Plaintiff’s vehicle and the Defendant’s vehicle shocked (hereinafter “instant accident”) on the two-lanes of the three-lanes of the Hanpo-dong road in the Hanpo-si, Kimpo-si.
C. On March 6, 2019, the Plaintiff paid KRW 149,470 for the repair cost of the Plaintiff’s vehicle, except for KRW 200,000,000, as the instant accident insurance amount.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 2 (including each number, if any) or video, the purport of the whole pleadings
2. Determination
A. According to the evidence revealed prior to the determination of the percentage of negligence, the Defendant’s vehicle immediately preceding the instant accident changed from the three lanes to the two lanes; on the other hand, the Plaintiff’s vehicle also changed from the one lane to the two lanes; and on the other, the Defendant’s left side of the vehicle and the Plaintiff’s right side of the vehicle are shocked.
In light of the circumstances such as the developments leading up to the instant accident and shocking parts, the instant accident is deemed to have occurred by the negligence of the Plaintiff’s driver and the Defendant’s driver who changed the course without closely examining the surrounding traffic situation. It is reasonable to view that the fault ratio of the Plaintiff’s driver and the Defendant’s driver is 40% larger than 60%.
B. The scope of the right of indemnity is that the Plaintiff paid the insurance money based on the security for self-vehicle damage, and the security for self-vehicle damage has the nature of consideration for the insurance premium paid to the insurer by then against the occurrence of the insurance accident. It is separate from the liability for damages borne by the driver of the Defendant vehicle.