beta
Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. The following facts of recognition may be found either in dispute between the parties or in the entries and videos (including each number) in Gap evidence Nos. 1 to 5, Eul evidence No. 1, and in the whole purport of the pleadings:
The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to B's car for the Plaintiff (hereinafter referred to as "Plaintiff vehicle"), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to C's car for the Plaintiff (hereinafter referred to as "Defendant vehicle").
B. On August 2, 2015, a taxi vehicle for D business use (hereinafter “non-party taxi”) driven three lanes in the middle of the four-lanes of the outer circular Highway (hereinafter “instant road”) located in Sungnam-si, Seonam-si, Seoul (hereinafter “instant road”) from the right angle to the front intersection, and stopped in the middle direction of the instant road (hereinafter “instant prior accident”), and stopped in the direction of the two-lanes of the instant road.
C. The driver of the Defendant vehicle driven the Defendant vehicle while under the influence of alcohol 0.107% in the above temporary border and proceeded along the two-lanes of the road of this case, and got the front part of the Defendant vehicle, which was stopped in the reverse direction as above (hereinafter “the first accident of this case”), and the Nonparty taxi stopped in the reverse direction on the one-lane of the road of this case due to its shock.
After the occurrence of the first accident in this case, the driver of the defendant vehicle stated that the driver of the non-party taxi was boarding the back seat of the non-party taxi and reported the occurrence of the accident to the non-party taxi driver and the insurance company.
E. A around that time, while driving a one-lane of the instant road while driving the Plaintiff’s vehicle, Nonparty si stopped in the reverse direction as above was in front of the Plaintiff’s vehicle.
(hereinafter referred to as "the second accident of this case". (f) The plaintiff is from September 1, 2015 to July 21, 2016.