구상금
1. The Defendant shall pay to the Plaintiff KRW 34,224,730 and the interest rate of KRW 15% per annum from September 29, 2017 to the day of complete payment.
1. Basic facts
A. The Plaintiff entered into a comprehensive automobile liability insurance contract with B and C NewM5 vehicle (hereinafter “Plaintiff vehicle”), which includes special terms and conditions that guarantee injuries caused by non-life-free vehicles, by setting the insurance period from May 10, 2013 to May 10, 2014, and entered into the automobile liability insurance contract with respect to D vehicles (hereinafter “Defendant vehicle”).
B. On August 20, 2013, the Defendant driven the Defendant’s vehicle while under the influence of alcohol of 0.105% of blood alcohol concentration, and neglected to perform the front-time duty while driving on the three-lane road in front of the Busan Metropolitan City Seo-dong Busan Busan Busan Metropolitan Area Free Economic Zone Authority at about 10km along the signal, etc., leading about about about 60km from the right side of the Defendant’s vehicle in front of the direction to the right side of the Defendant’s vehicle, and shocked the part of the fenced part of the Plaintiff’s vehicle, which was parked in the signal in front of the direction to the right side of the Defendant’s vehicle.
(hereinafter referred to as “instant accident”). C.
Due to the instant accident, B, the driver of the Plaintiff vehicle, was treated in F, G Hospital, etc., by suffering from the injury of the escape certificate of a prone signboard between 3-4 and the right kne, and E, the passenger was treated in F, G Hospital, etc.
The Plaintiff, as an insurer of the Plaintiff’s automobile, paid the insurance proceeds of KRW 51,924,730,00 in total, including KRW 15,413,640 as the medical expenses of the Plaintiff’s automobile, KRW 12,133,580 as the damages, and KRW 11,37,510 as the medical expenses of the Plaintiff’s automobile, until November 27, 2014, KRW 13,00,00 as the damages, and KRW 51,924,730 as the damages.
On the other hand, the plaintiff returned 5,00,000 won and 8,700,000 won out of the above damages paid to Eul and the above damages paid to E as the insurer who concluded a liability insurance contract with respect to the defendant vehicle.
[Ground of recognition] Facts without dispute, entries in Gap's evidence 1 to 7 and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The above facts of recognition are examined.