구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court of first instance’s explanation as to this case is as follows, except where the defendant added the following judgment as to the new argument at the court of first instance, and thus, it cited it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The defendant's assertion that the representative of the deceased's bereaved family members received 30,000,000 won as agreed money from the driver C, who is the perpetrator, and the plaintiff pays insurance money after deducting the "amount of damages already received by the insured from the obligor for compensation" according to the terms and conditions. Thus, the plaintiff can exercise the insurer's subrogation right against the remainder after deducting the above 30,000,000 won.
B. (1) In the event that (a) an agreement was made to the effect that the perpetrator would not be punished for the perpetrator by receiving the money under the pretext of agreement from the perpetrator in the course of investigation or criminal trial of the tortfeasor, and that the money received at the time of the agreement is specially paid as criminal consolation benefits, the said money shall not be deducted from the amount of compensation for damages (see, e.g., Supreme Court Decision 2000Da46894, Feb. 23, 2001). (2) We examine the instant case in light of the aforementioned legal doctrine.
(a) the perpetrator shall pay 30,000,000 won to the victim;
B. The victim shall be paid the above money and shall not be punished for all criminal charges against the perpetrator, and the victim shall receive the above money as consolation money in criminal cases.
C. The above agreement amount is the agreement amount under the pretext of criminal consolation money that the perpetrator pays, in addition to the compensation to be paid by the insurance company.
In order to prevent the above agreed amount from being deducted from the compensation amount of the insurance company, the perpetrator will have the amount to be deducted if part of the agreed amount is deducted from the compensation amount of the insurance company.