구상금
1. The Defendant’s KRW 20,045,200 as well as the Plaintiff’s annual rate of 5% from December 5, 2015 to March 7, 2016, and from March 8, 2016.
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to the instant vehicle B and C (hereinafter “instant vehicle”) with the insurance period from December 21, 2013 to December 21, 2014.
B. On September 9, 2014, at around 03:25, the Defendant driven the instant vehicle without permission from B while under the influence of alcohol content of 0.130%. On September 9, 2014, the Defendant: (a) driven the instant vehicle without permission from B; (b) proceeded ahead of the road in the vicinity of the Masan-ri Simsan-si, Masan-si; (c) caused an accident that collisions with the D excavation searcher parked on the opposite part of the road, which was parked on the opposite part of the central line due to negligence (hereinafter “instant accident”).
C. On October 31, 2014, the Plaintiff paid KRW 8,390,000 as the repair cost of the instant vehicle on December 4, 2015 and KRW 20,045,20 as the insurance money on December 4, 2015, in accordance with the instant insurance contract upon the request of the insured Party B.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings
2. According to the above facts, the accident in this case occurred due to unilateral negligence, such as the defendant's drunk driving and the central bed, and the defendant is liable to compensate for the damage caused by the accident as a tort. Since the plaintiff is exempted from liability by subrogation of the insurer under Article 682 of the Commercial Act by paying insurance money and acquired the right to indemnity against the defendant, the defendant is obligated to pay to the plaintiff 20,045,200 won for indemnity and the amount calculated at each rate of 5% per annum under the Civil Act from December 5, 2015 to March 7, 2016, the delivery date of a copy of the complaint in this case, as requested by the plaintiff, from the next day to the day of complete payment, to the day of complete payment.
3. Conclusion.