구상금
The part concerning the main lawsuit in the judgment of the first instance shall be revoked, and this part of the case shall be remanded to the Seoul Central District Court.
1. The court of first instance rejected all the principal lawsuit and counterclaim of this case, and only the plaintiff appealed with respect to the principal lawsuit of this case among the judgment of the court of first instance, and the defendant did not appeal. Thus, only the principal lawsuit of this case is subject to the judgment of this court.
2. Facts of recognition;
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. On July 2, 2008, 19:30, C driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle into the opposite side of the Plaintiff’s vehicle, and driving the Plaintiff’s vehicle into the opposite side of the Plaintiff’s vehicle in the direction of proceeding due to negligence, such as not putting the front side in passing through the intersection where there is no signal prior to the new signal, etc. in the front of the new signal, while driving the vehicle in the direction of the front side of the Plaintiff’s vehicle in the front side of the front side of the Plaintiff’s vehicle in the front side of the front side of the Plaintiff’s vehicle (hereinafter “instant accident”).
(2) Due to the instant accident, E, who was on board the Plaintiff’s vehicle due to the instant accident, sustained the injury of the Plaintiff’s gymnasium, etc., and F, suffered the injury of the instant gymnasium
C. E and his spouse, and children (hereinafter “E”) who are victims of the instant accident, including litigation, agreement, etc.
(2) On March 22, 2012, the Plaintiff filed a lawsuit seeking damages against the Plaintiff in total amounting to KRW 2,872,029,344 of the Seoul Central District Court 2012Da71075 (hereinafter “E-related lawsuit”).
2) The Plaintiff agreed to pay the insurance proceeds of KRW 1,332,623,364 in total to the E side between the Plaintiff and the E in the lawsuit related thereto, and the E side withdraws the lawsuit on February 19, 2013 after receiving the said insurance proceeds from the Plaintiff.