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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On February 16, 2012, the Plaintiff, an insurance company, entered into an insurance contract for new exchange cost compensation with a lessee, which pays “the difference between the sales price of a vehicle and the prices of a vehicle sold as a middle vehicle for which repair has been completed,” as insurance proceeds, if the leased vehicle is destroyed due to a certain traffic accident and the new lane is exchanged.
B. On May 29, 2012, the Defendant entered into an operating lease agreement with the instant benz vehicle (vehicle registration number: B) and received 4,806,450 won of the vehicle price per vehicle from the Eastern Marine Insurance Co., Ltd. (hereinafter “Dongbu Fire”), which is an insurance company of the instant benz (hereinafter “Dongbu Fire”). On May 11, 2013, the Defendant received KRW 4,806,450 of the vehicle price per vehicle after the instant benz vehicle was damaged (10% negligence of the other party’s benz vehicle).
C. On March 26, 2014, the Plaintiff paid 30,120,000 won (the new price of KRW 65,200,000 - the height of the accident vehicle KRW 34,00,000) due to the replacement of the new vehicle in accordance with the insurance contract of this case to Filisung Capital.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The insurer’s subrogation and the Plaintiff’s assertion (i.e., benz vehicles of this case are owned by the lease company, and thus, the right to claim damages, including vehicle price decline, was vested in the filial Capital, and the Plaintiff’s subrogation and acquisition within a specified scope, depending on the payment of the insurance money.
However, the Eastern fire, which is the insurer of the Liven Vehicle, paid 4,806,450 won for the price decline damages to the lessee rather than the Plaintiff.
The plaintiff paid to the defendant the price decline damages in good faith, which is valid with the repayment to the quasi-Possessor of the claim.