구상금
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded an automobile comprehensive insurance contract with D as to each of its own vehicles between D and E.
The above insurance contract includes a special contract for compensating for damage such as injury of the insured by non-insurance motor vehicle, and D, a child of E, is included in the insurance contract for which E is the insured.
B. Around 20:00 on February 13, 2016, Defendant B driven a FF vehicle (hereinafter “Defendant vehicle”) and was bypassing from the shooting distance near Seo-gu G apartment in the Seo-gu, Seo-gu, Busan, Seo-gu. Defendant B was shocked with D crossing a bicycle on the pedestrian signals on the crosswalk.
(hereinafter “instant accident”). Defendant C is the owner of the Defendant vehicle.
C. In the instant accident, D suffered injuries, such as background, pagel, knenee, knee, etc.
In accordance with the special agreement on security for personal injury of each non-insurance motor vehicle, the Plaintiff paid a total of KRW 14,121,890 (i.e., agreement amounting to KRW 4,420,920,920) as insurance money (hereinafter “the instant insurance money”) until May 25, 2017, for damages, such as medical expenses, etc. incurred by the Defendant’s vehicle that is not covered by the Large Compensation II.
E. The Plaintiff received KRW 5,606,060, and KRW 2,838,640, respectively, from the I Co., Ltd., the insurer of the Defendant vehicle liability insurance, respectively.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5 through 8, 11, Eul evidence Nos. 1 through 5 (including each number), the purport of the whole pleadings
2. The Plaintiff’s assertion that the Plaintiff paid the instant insurance proceeds, thereby acquiring a claim for damages against the Defendants by subrogation within the scope of the amount. Of the instant insurance proceeds of KRW 14,121,890, H Co., Ltd. and I Co., Ltd., KRW 8,444,700 (= KRW 5,606,060, KRW 2838,640). Therefore, the Defendants jointly and severally paid the remainder of KRW 5,677,190 (=14,121,890 – KRW 8,44,700) to the Plaintiff.