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1. Of the judgment of the first instance, the Plaintiff’s amount of KRW 305,900 as well as the Plaintiff’s annual amount from November 26, 2016 to May 11, 2018.
Reasons
1. Basic facts
A. The Plaintiff is an insurance company that entered into an automobile accident insurance contract with the Plaintiff Company A (hereinafter “Plaintiff”), and the Defendant is an insurance company that entered into an automobile accident insurance contract with the Defendant Company B (hereinafter “Defendant Vehicle”).
B. On November 25, 2016, the Plaintiff claimed KRW 1,160,940 as the same item as the written claim for the repair cost of the Plaintiff’s vehicle, and paid KRW 933,000 among them as the insurance proceeds (hereinafter “instant insurance proceeds”).
【Reasons for Recognition】 The descriptions of Evidence Nos. 1, 4, and 5, and the purport of the whole pleadings
2. The parties' assertion
A. On November 2, 2016, around 15:50, the Plaintiff’s assertion that the Plaintiff’s vehicle was parked in the parking lot of the Sondong Hyundai Construction Apartment (hereinafter “instant insurance accident”). As the instant insurance accident was caused by one’s negligence on the part of the Defendant vehicle, the insured or the Defendant is liable for tort against the Plaintiff vehicle’s insured, and the Plaintiff exempted the Plaintiff from liability by paying KRW 933,000 insurance money to the Plaintiff’s insured.
Accordingly, pursuant to Article 682 of the Commercial Act, the plaintiff sought reimbursement of KRW 933,00 and legal interest or delay damages against the defendant who is the insurer of the defendant vehicle.
B. The defendant's assertion that the defendant's vehicle did not shock the plaintiff's vehicle, and even if not, even though the insurance accident of this case was extremely insignificant, the insurance accident of this case was paid excessively including the repair cost for the part of the plaintiff's vehicle's damage before the insurance accident of this case.
3. Determination
A. According to the following: (a) whether liability for damages was established or not: evidence Nos. 6, 1, and 2 of the evidence Nos. 1, and 1 and 2, the Defendant’s vehicle was parked in the female-dong Hyundai Building Parking Lot around November 2, 2016, around 15:50.