구상금
1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.
The defendant shall be co-defendant A and C. of the first instance trial.
The reasoning of the judgment of the court of first instance cited this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(However, the part on the co-defendant A and C corporation of the first instance court, which is separated and finalized, shall be excluded. The part on the co-defendant A and C corporation shall be added following the 10th page 17 of the first instance judgment.
The legal nature of a victim’s direct claim for insurance money recognized under Article 724(2) of the Commercial Act is that the insurer concurrently takes over the insured’s liability for damages against the victim, and the victim has the right to claim damages against the insurer (see Supreme Court Decision 2009Da73295, Sept. 8, 201). Therefore, the scope of the Plaintiff’s right to claim damages against a third party is limited to the amount of the victim’s right to claim damages against the perpetrator who has identical the subject matter of a lawsuit within the scope of insurance benefits, and is limited within the scope of the amount of the victim’s direct claim for insurance money against the third party (see Supreme Court Decision 2004Da5266, Sept. 9, 2005). The first instance judgment No. 11, 9-11 of the first instance judgment “However, in light of the foregoing legal principles, the Plaintiff’s right to claim reimbursement against the Defendants by commencing the medical care benefits for the victims, and thus, cannot be asserted against the Plaintiff on the following ground.”
However, the plaintiff, by providing each insurance benefit for the victims, acquired the right to claim reimbursement of KRW 8,937,160 in subrogation of the victim D, KRW 9,00,00 in subrogation of the victim E, and KRW 20,000 in subrogation of the victim F. Therefore, in light of the above legal principles, the defendant is liable for damages to the victims after paying the plaintiff's insurance benefit as above.