Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with the insured as C with respect to a motor vehicle owned by A (hereinafter “Plaintiff”) from July 22, 2013 to March 12, 2014, and the Defendant is an insurer who entered into a comprehensive motor vehicle insurance contract with D (hereinafter “Defendant”), with respect to a motor vehicle owned by D (hereinafter “Defendant”), the insurance period is from April 29, 2013 to April 29, 2014.
B. On February 24, 2014, at around 23:10, F is driving the Defendant’s vehicle and proceeding along one lane from among the two lanes of H in the Heak-gu G in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and proceeding in front of the Defendant’s vehicle.
The left part of the plaintiff vehicle's right back part of the driver vehicle was shocked by negligence as long as the driver neglected the duty of the front side of the driver vehicle without complying with the safety distance with the plaintiff vehicle of the driver vehicle of the first driver who left the left part.
(hereinafter referred to as “instant accident”). C.
Due to the instant accident, the Plaintiff’s vehicle was destroyed, and the Plaintiff’s driver, who was the Plaintiff’s driver, was diagnosed of injury, such as a climatic and climatic salt, which requires approximately two weeks of treatment after the instant accident.
On December 10, 2014, the Plaintiff paid KRW 213,000 as insurance money for the damage of the Plaintiff’s vehicle caused by the instant accident to A, and KRW 252,700 as insurance money for the injury caused by the instant accident to I on January 15, 2015.
(2) Each of the above insurance proceeds (hereinafter referred to as the "insurance proceeds of this case"). [Grounds for recognition] The fact that there is no dispute, Gap 1(s) through 4(s) and Eul 1(s) through 5(s) or the purport of all of the arguments and arguments
2. The parties' assertion
A. The Plaintiff’s assertion that the instant accident was attributable to the lower part of the Plaintiff’s vehicle preceding F, the driver of the Defendant vehicle, and was caused by the F’s unilateral negligence.
The plaintiff is liable to Gap and I for damages caused by the accident of this case, and the total amount of the insurance money of this case is 465.