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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to the E Village bus owned by D Co., Ltd. (hereinafter “Defendant vehicle”).
B. On October 29, 2017, around 09:40, the Plaintiff’s vehicle went along the fourth lane in front of the exit road located in the village located in Gangdong-gu Seoul Metropolitan Government, and entered five-lanes prior to the bus stops to board the land, and the Plaintiff’s vehicle conflict with the Defendant’s vehicle driving along five-lanes in order to board the land, and the passenger F, G, etc. who was on board the Defendant’s vehicle was injured during this process.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid insurance proceeds of KRW 11,043,530 to F by February 8, 2018, with medical expenses and the amount agreed upon due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 8, 9 and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The Plaintiff’s assertion that the instant accident occurred between the Plaintiff’s vehicle and the Defendant’s driver’s negligence, and the fault ratio of the Defendant’s driver is 80%.
Since the Plaintiff paid insurance money to the Defendant, a joint tortfeasor, exempted the Defendant’s driver, the joint tortfeasor, the Defendant is obligated to pay the amount of KRW 8,834,824 (=1,034,530 x 80%) to the Plaintiff in accordance with the subrogation legal principle of insurer subrogation under Article 682 of the Commercial Act.
B. (1) In light of the following circumstances acknowledged by the evidence submitted by the Plaintiff alone, the evidence submitted by the Plaintiff alone, and evidence Nos. 10 and 10, and Nos. 1 and 2, the Plaintiff and D Co., Ltd. (hereinafter “D”) who are the owner of the Defendant vehicle (hereinafter “the Plaintiff”), respectively, compensate for the damage caused by the destruction of the vehicle in relation to the instant accident, and is relatively relative to the passengers of the Defendant vehicle who suffered the injury.