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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A Escoo vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B rocketing vehicle (hereinafter “Defendant”).
B. On August 29, 2016, the Plaintiff’s driver drivened the Plaintiff’s vehicle on August 29, 2016, and proceeded to the distribution intersection in accordance with two-lanes of the five-lane road in letter as Seoul, Gangnam-gu Seoul, Seoul, with a two-lane road, and the part of the Plaintiff’s vehicle, which was driven by the vehicle’s body, was shocked with the front part of the Plaintiff’s vehicle.
(2) The Plaintiff’s vehicle was parked on the spot due to the preceding accident, and the Defendant’s driver, following the Plaintiff’s vehicle, was driving the steering gear of the Defendant’s vehicle to port in order to find out the Plaintiff’s vehicle immediately and to change its course to the first lane, and caused the Plaintiff’s injury to the Plaintiff’s vehicle E (hereinafter “victim”). The instant accident occurred due to the instant accident.
C. The Defendant paid KRW 2,319,320 to D as compensation for damage caused by the instant accident, and filed a claim for dispute against the Plaintiff under the mutual agreement on the deliberation of car insurance disputes under the said mutual agreement against the Plaintiff (hereinafter “Deliberation Committee”). On September 25, 2017, the Deliberation Committee rendered a decision to deliberate and coordinate the Plaintiff’s fault ratio of the Plaintiff’s driver and the Defendant’s driver who contributed to the instant accident on the ground that “the Plaintiff’s vehicle also provided the cause for the instant accident” on September 25, 2017, by recognizing that the rate of negligence on the Plaintiff’s driver and the Defendant’s driver’s driver’s fault ratio of KRW 50,50 to the Defendant.
Accordingly, the Plaintiff on October 13, 2017 according to the above decision of deliberation and coordination.