구상금
1. The part of the judgment of the court of first instance against the plaintiff ordering additional payment is revoked.
The defendant is against the plaintiff.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is that of the court of first instance, except for the following cases as to the part on which the plaintiff contests as the grounds for appeal, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420
(The grounds for appeal by the Defendant are not significantly different from the allegations made by the Defendant in the first instance court, and according to the evidence duly adopted and examined by the first instance court, the fact-finding and judgment by the Defendant on the Defendant’s argument are recognized as legitimate). 2. 3. of the first instance court, the second instance court’s decision on the addition or dismissal was as follows: “In addition, the Defendant paid KRW 15,732,350 to the Plaintiff from October 28 to March 30, 2017.”
“On the other hand, the Defendant, from October 28, 2016 to March 30, 2017, paid the Plaintiff mutual-aid amounting to KRW 15,732,350, totaling three times from October 28, 2016 to March 30, 2017. The Plaintiff filed the instant lawsuit seeking reimbursement only for KRW 97,498,50, remaining after subtracting KRW 15,732,350, out of the total insurance proceeds he paid to G. Of the total insurance proceeds he paid to G, the Plaintiff filed the instant lawsuit seeking reimbursement only for KRW 97,498,50.
Therefore, the defendant, who acquired the right to claim damages by subrogation from G by paying insurance money to G as a settlement of agreed amount due to the instant accident, shall pay the amount of KRW 97,498,50 as indemnity and KRW 81,766,150, which is the amount cited in the first instance court among them, to the plaintiff who acquired the right to claim damages by subrogation, shall be 5% per annum as stipulated in the Civil Act from January 20, 2017, which is the date following the date of payment of the plaintiff's agreed amount, to July 25, 2019, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, and shall be 15,732,350, which is the additional payment order of KRW 15,732,50.