구상금
1. The Defendant’s KRW 25,964,208 as well as the Plaintiff’s KRW 5% per annum from November 25, 2017 to August 21, 2018.
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded a comprehensive insurance contract with respect to A Emat Vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has concluded a comprehensive insurance contract with respect to C Passenger Vehicle, which is a school vehicle of “BA” (hereinafter “Defendant Vehicle”).
B. On June 4, 2012, D (hereinafter “victim”) who was the first grade of an elementary school: (a) saw that he was on board and returned home while returning to the Defendant’s vehicle driven by E; (b) left the Defendant’s school meal facilities near the YY YY YY YYY YYY YYY YY YY YY YY YY YY YY YY YY YY YYY YY YYY YYY YYY YYY YYY YYYY
(c) The aggrieved person, after drinking water, has moved to E in the seat of the Defendant’s vehicle, and went to the direction of the road in front of the Defendant’s vehicle to take back again on the Defendant’s vehicle.
F around 15:40 on June 4, 2012, when driving the Plaintiff’s vehicle and driving the back road near the Yan Elementary School at the speed of about 30 km per hour from the room of indoor gym library to the left side of the front of the Defendant’s vehicle stopped at the left side of the direction of the Plaintiff’s vehicle, and the victim coming away from the road to the side of the road. As a result, the victim suffered from the injury, such as the downside of the right side of the Plaintiff’s vehicle and the removal of the flasium.
(hereinafter “instant accident”). E.
F on February 20, 2013, in relation to the instant accident, F was sentenced to the suspension of six months of imprisonment without prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (No. 2012dan1033), and on July 11, 2017, F’s appeal was dismissed at the Daegu District Court, and the said judgment of the first instance became final and conclusive thereafter.
F. Meanwhile, until November 24, 2017, the Plaintiff paid the victim, etc. totaling KRW 86,547,360 (hereinafter “instant insurance proceeds”) with respect to the instant accident.
[Ground of recognition] There is no dispute.