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. Facts of recognition;
A. On April 28, 2011, the Defendant: (a) driven an off-to-land owned by the Defendant, and carried out the road 42-7-7, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, in a state of blood alcohol concentration of 0.148%; (b) suffered injury, such as a fluor and fluorization of fluoral and fluoral executives, by shocking B, where the Defendant fluordd
(hereinafter “instant accident”). (b)
The defendant did not subscribe to liability insurance or liability mutual aid with respect to the above Oralba.
C. The Plaintiff, as an insurer entrusted with the business of guaranteeing motor vehicle accident compensation, paid KRW 11,054,120 in total to B from July 19, 201 to February 2, 2012.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, the purport of the whole pleadings
2. Assertion and determination
A. (1) The Plaintiff’s assertion (1) paid KRW 11,054,120 to B pursuant to Article 30(1) of the Guarantee of Automobile Accident Compensation Act, and thus, the Plaintiff may exercise the right to claim damages against the Defendant B pursuant to Article 39(1) of the same Act.
Therefore, the defendant is obligated to pay to the plaintiff KRW 11,054,120 and damages for delay.
(2) B before the Plaintiff paid KRW 11,054,120 to B, the Defendant already agreed to pay KRW 45,000,000 to B as civil and criminal damages for the instant accident.
Therefore, even if the Plaintiff did not assume the responsibility for compensation against B, the Plaintiff paid KRW 11,054,120 by negligence to B, and the Defendant does not have the obligation to pay the indemnity to the Plaintiff.
B. The following facts are acknowledged in full view of each statement in the evidence Nos. 1 and 2 of the facts of recognition as follows.
(1) As to the instant accident on June 5, 2011, the Defendant did not subscribe to a basic liability insurance, and thus, agreed to pay the victim (B) KRW 0 million with medical expenses, criminal and civil and civil agreements consolation money.
In the future, all civil and criminal charges.