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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 judgment on the cause of the claim is a mutual aid project operator who entered into a mutual aid agreement with A and B Private cab (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into the automobile insurance contract with C (hereinafter “Defendant”), the Defendant’s vehicle is the insurer who entered into the automobile insurance contract with C (hereinafter “Defendant vehicle”); the Defendant’s vehicle is a three-lane road in front of Busan Shipping Daegu Dok-dong SH on July 24, 2013 when operating a three-lane road in front of Busan Dok-dong SH on the backline from the backline to the backside of the road in order to enter the parking lot due to a change of the vehicle in front of the Defendant vehicle to the right side of the vehicle in front of the vehicle in question (hereinafter “the accident in this case”). In relation to the accident in this case, the Plaintiff did not have any dispute over the payment of the Plaintiff’s insurance money to A around May 19, 2014 to the lower end of the vehicle in this case or the payment of KRW 130 or KRW 30130.
Therefore, as the insurer of the Defendant vehicle, the Defendant is liable for compensating for the damages incurred by A due to the instant accident, and the Plaintiff can exercise the right of subrogation for the damage claim against A by paying the insurance money equivalent to the repair cost to the Plaintiff. As such, the Defendant is liable to pay to the Plaintiff 3,331,000 won and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from May 20, 2014, which is the date of the first instance judgment until July 25, 2014, as the Plaintiff seeks from May 20, 2014, which is the date of the first instance judgment, to the date of full payment.
2. The defendant's assertion that the accident of this case occurred entirely because the plaintiff's vehicle was negligent in performing the duty of front-time watch.