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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. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings on the images of Gap evidence Nos. 3, 4, and 6, Gap evidence Nos. 1, 2, and 5:
The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to AONEX vehicles (hereinafter referred to as “Plaintiffs”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to B (hereinafter referred to as “Defendant Vehicles”).
B. At around 13:30 on April 14, 2017, the driver of the Defendant vehicle driven along the direction direction of the upstream line of the coast guard road and intending to enter the road beyond the safety zone, the driver of the Defendant vehicle shocked the front part of the left side of the Plaintiff vehicle in front of the left side of the Plaintiff vehicle in the course of going beyond the safety zone.
(hereinafter referred to as “instant accident”). C.
On April 27, 2017, the Plaintiff paid the insurance money of KRW 1,303,000 in total to the Korea MMNcheon Service Center at the cost of repairing the Plaintiff’s vehicle due to the instant accident.
2. The parties' assertion and judgment
A. The main point of the party’s assertion (i) the instant accident occurred from the road to the road to the road by the driver of the Defendant’s vehicle who rapidly returned to the left-hand side in order to enter the road, and thus, the Defendant, the insurer of the Defendant, is liable to compensate the Plaintiff’s vehicle for the damages caused by the instant accident. However, the Plaintiff paid KRW 1,303,00 to the Plaintiff’s vehicle for the repair cost, etc. of the Plaintiff’s vehicle due to the instant accident on behalf of the insurer under Article 682 of the Commercial Act, thereby acquiring the right to claim damages against the Defendant of the Plaintiff vehicle.
Therefore, the defendant is obligated to pay the plaintiff 1,303,00 won with the indemnity amount and damages for delay.
Shebly, the driver of the Defendant vehicle is limited to the change of the vehicle in the section where the change of the vehicle is permitted, and the Plaintiff vehicle is about 30 to 40 meters compared to the Defendant vehicle.