구상금
1. The part against the defendant in the judgment of the first instance shall be revoked;
The defendant shall be jointly with the co-defendant B of the first instance trial and shall be jointly with the plaintiff.
Facts of recognition
The Plaintiff is an insurer that has entered into an automobile insurance contract with C (hereinafter referred to as “Plaintiff”) and the Defendant is the owner of the vehicle E (hereinafter referred to as “Defendant”), and the co-defendant B of the first instance trial (hereinafter referred to as “B”) is the driver of the Defendant vehicle.
B around 02:35 on December 12, 2003, while driving the Defendant vehicle, the driver of the Plaintiff vehicle was injured by shocking the Plaintiff vehicle waiting for the signal at the front section (hereinafter “instant accident”) and the driver of the Plaintiff vehicle, waiting for the signal at the front section while driving the two lanes in the middle section 4 in the middle section 4 in the middle section 4 in the middle section 4 in the middle section of Daejeon.
During the period from March 29, 2004 to April 1, 2004, the Plaintiff paid F insurance money of KRW 5,742,810 in total as damages, such as medical expenses and consolation money, etc. On April 16, 2004, the Plaintiff received KRW 1,800,000 as the liability insurance money from the Dongyang Fire Marine Insurance Co., Ltd., the liability insurance company of Defendant vehicle, and KRW 300,000 from B, respectively.
The Plaintiff asserted that F obtained by subrogation the right to claim damages against the Defendant and B (hereinafter “Defendant, etc.”) by paying insurance proceeds from the instant accident to F, and filed a lawsuit against the Defendant, etc. seeking payment of KRW 3,642,810 (= KRW 5,742,810 - 1,800,000 - 300,000) equivalent to the insurance proceeds paid by the Daejeon District Court 2004Gau34436 (hereinafter “Defendant, etc.”).
On January 4, 2005, the above court jointly and severally recommended the plaintiff to pay to the plaintiff 3,642,810 won with 5% per annum from April 17, 2004 to January 6, 2005, and 20% per annum from the next day to the date of full payment (hereinafter "the decision of execution recommendation of this case"). The above decision was delivered to the defendant, etc. on January 6, 2005, and became final and conclusive on January 21, 2005.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and pleadings.