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. Basic facts
A. On August 12, 2013, Codefendant B (hereinafter “B”) of the first instance trial, upon intrusioning into No. 12:40 on August 1, 2013, 2013, came out with the key of D-owned vehicle E (hereinafter “instant vehicle”) and then driven the instant vehicle that was parked in the third floor parking lot of the above building. In collusion with B, the Defendant: (a) installed the registration number plate of the instant vehicle in replacement with the registration number plate of another vehicle; and (b) kept the registration number plate of the instant vehicle.
B. On September 9, 2013, the Plaintiff concluded a comprehensive automobile insurance contract with D with respect to the instant vehicle, and paid KRW 24,700,000,000 as the insurance proceeds from the instant vehicle theft. The Plaintiff recovered and sold the instant vehicle, and returned KRW 16,010,000.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Comprehensively taking account of the above facts of recognition, the Defendant took part in a series of illegal acts leading to the theft, concealment, or damage of the instant vehicle in B. As such, the Defendant is jointly and severally liable with the Plaintiff as joint tortfeasor, and the Plaintiff is obligated to claim damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from September 27, 2013 to December 12, 2014, the Plaintiff sought as the payment date of insurance money, and from September 27, 2013 to December 12, 2014, the Defendant served with the duplicate of the complaint of this case, and from the next day to the date of full payment.
3. Thus, the plaintiff's claim of this case against the defendant is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.