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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. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).
B. On February 25, 2018, at around 07:15, the Plaintiff’s vehicle proceeded along the two lanes in the two lanes in the inside cycle of the 35-lane in Seongdong-gu Seoul, Seongdong-gu, and changed to the three-lane, the vehicle shocked the front side of the Defendant’s vehicle running in the three-lane direction into the front side of the Plaintiff’s right side of the vehicle, and the shocked the two-lanes of the E vehicle running in the direction of the one-lane direction (hereinafter “small-distance vehicle”).
(hereinafter referred to as “instant accident”). C.
By August 31, 2018 under an automobile insurance contract, the Plaintiff paid 3,363,760 won (i.e., agreement amounting to KRW 23,90,00,00 medical advisory fees of KRW 9,256,940), the repair cost of the non-party vehicle, the repair cost of the non-party vehicle, the repair cost of the non-party vehicle, and the cargo loading damages of the non-party vehicle (i.e., KRW 2,828,00, KRW 1,45,300) in total to KRW 5,312,30 (i.e., KRW 2,828,00).
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 and 2 (including paper numbers) and the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion lies in the combination of the negligence of the Defendant’s vehicle driving at a speed of more than 150 kilometers per hour and the negligence of the Plaintiff’s vehicle. The Plaintiff acquired the right to indemnity against the Defendant, the insurer of the Defendant vehicle, pursuant to Article 682 of the Commercial Act. As such, the Defendant is obliged to pay the Plaintiff the part equivalent to the fault ratio (50%) of the Defendant vehicle out of the insurance money paid by the Plaintiff as damages
B. The defendant's assertion 1.