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1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive insurance contract for driving on behalf of a motor vehicle dealer with respect to an accident caused by a substitute driver in the course of driving on his/her behalf between B and B with the trade name of “A proxy driving,” and the Defendant is a mutual aid insurer who entered into a mutual aid contract for C cab (hereinafter “Defendant cab”).
B. On October 21, 2013, D, an agent driver belonging to the above Amateur driving company, driven an Esch Rexroth vehicle (hereinafter “Plaintiff vehicle”) around 21:43, and proceeding two lanes in the two-lane road near the Gyeongnam hotel in Dongdaemun-gu, Seoul, Dongdaemun-gu, as a long-distance long as the vehicle is located in the front of the proceeding, and attempted to change the vehicle course into one-lane, while the vehicle is located in the front of the proceeding, the two-lanes of the Defendant taxi driving in the same direction at the same one-lane. Accordingly, the two-lanes of the lower side of the Plaintiff vehicle in front of the Plaintiff vehicle while the Plaintiff was pushed, and the two-lanes of the lower part of the FF vehicle (hereinafter “victim vehicle”) in front of the Plaintiff vehicle in front of the second two-lane, and the accident that conflict with the two-lane part of the front part of the Plaintiff vehicle (hereinafter “instant accident”).
C. By November 1, 2013, the Plaintiff paid KRW 396,40,00 for the cost of repairing the damaged vehicle until November 27, 2013, KRW 849,910, including the medical expenses and the amount agreed upon by the passenger of the victimized vehicle by November 27, 2013, KRW 892,090, including the medical expenses and the amount agreed upon by the passenger of the victimized vehicle H by December 16, 2013, KRW 94,870, including the I medical expenses and the amount agreed upon by the driver of the victimized vehicle by December 17, 2013, and KRW 1,173,040,04, including the medical expenses and the amount agreed upon by the J, and KRW 1,173,040,040, KRW 209,010,005,010,019,016,06,015.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 7, 9 to 13, and Eul evidence 1 to 5 respectively.