구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for this part of this Court’s reasoning is as follows, and this part of the reasoning for the judgment of the court of first instance is the same as the corresponding part of the reasoning for the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420
2. On April 28, 2017, after the previous lawsuit, the Plaintiff asserted that: (a) the Government Security Business Operator paid KRW 39,303,940 in addition to the profits from the disability inflicted on the above-mentioned disability and consolation money to F on May 30, 2017; and (b) the Defendant, who was a tort, is obliged to pay the Plaintiff the damages claim against F for the Defendant in accordance with the insurer’s subrogation doctrine.
3. The defendant's judgment on the defense prior to the merits is against the res judicata effect of the previous lawsuit's defense prior to the merits.
In the case of claiming damages for property to the perpetrator on the ground that the perpetrator suffered bodily injury due to the murder, the damage which is the object of the lawsuit is divided into positive property damage, passive property damage, and consolation money, so if only one damage is claimed in the preceding lawsuit, the res judicata effect of the previous lawsuit cannot be deemed to affect the claim for other damages.
However, as seen earlier, the Plaintiff can only claim medical expenses, which are active property losses, with compensation from the government security business in the preceding lawsuit. As such, res judicata of the preceding lawsuit cannot be deemed to affect the instant lawsuit seeking profit from passive property losses and consolation money.
Therefore, the defendant's above assertion is without merit.
4. Judgment on the merits
A. On May 30, 2017, the Plaintiff entrusted with the affairs pertaining to the Guarantee of Automobile Accident Compensation Business by the judgment-making government for the cause of the claim is disabled under Article 30(5) of the Guarantee of Automobile Accident Compensation Act and Article 19 of the Enforcement Decree of the same Act.