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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. Facts of recognition;
A. The Plaintiff, an insurance company that runs the automobile insurance business, etc., has a non-insurance-free special agreement (including a vehicle covered only by the non-insurance-I liability insurance for personal injury) on the non-insurance-free vehicle for B Driving C K5 Vehicles (hereinafter “victim-free vehicle”).
A) An insurer that has entered into a comprehensive automobile insurance contract that includes a special agreement to pay insurance proceeds even if the insurer dies or sustains bodily injury due to an accident occurred, and the Defendant is a driver of D Salary Truck (hereinafter referred to as “dwing truck”).
B. On July 6, 2015, at around 06:30, the Defendant driven a sea-going vehicle and driven the damaged vehicle in contravention of the road signal near the Yacheon-dong, Acheon-do, Acheon-do, and shocked the damaged vehicle, and caused the injury to B who driven the damaged vehicle at the time.
(hereinafter “instant accident”). C.
From August 26, 2015 to December 23, 2015, the Plaintiff paid KRW 4,888,070 under the name of the medical expenses, etc. in B.
C. The Defendant entered into only the liability insurance contract with the Kant Motor Vehicle Insurance Co., Ltd. with respect to the Libers, and the Kant Motor Vehicle Insurance Co., Ltd. paid KRW 2,400,000 to the Plaintiff according to the above liability insurance contract.
【Reason for Recognition】 Each entry of evidence Nos. 1 through 7, and the purport of the whole pleadings
2. According to the above facts of recognition, the defendant caused the accident of this case by negligence that neglected the duty of care to observe the signal, and thus, the defendant is liable for damages arising from the tort against B, and the plaintiff is deemed to have subrogated acquired the damage claim against B as to the above 2,48,070 won after deducting the payment amount of the above 4,888,000 won from the above 4,070 won of the above payment insurance money due to the accident of this case from the above 2,48,070 won.
Therefore, the defendant is the plaintiff's 2,488,070 won and the insurance money is paid after the date of payment.