구상금
1. The Defendant’s KRW 70,572,087 as well as the Plaintiff’s annual rate of 5% from May 13, 2009 to July 24, 2014.
1. Basic facts
A. The Plaintiff is a mutual aid business operator who entered into an integrated mutual aid agreement with the said company A vehicles owned by the said company (hereinafter “Plaintiff vehicles”), and the Defendant is an insurer who entered into a comprehensive automobile insurance agreement with B with respect to the C vehicles owned by B (hereinafter “Defendant vehicles”).
B. D Around 5:00 on April 1, 2008, when driving the Plaintiff’s vehicle, and driving the Plaintiff’s vehicle, and driving the three-lanes of the C-W-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter “instant accident”). While driving the three-lanes of the D-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter
C. The Plaintiff paid the total amount of KRW 282,288,350 to E under the pretext of the treatment costs and the amount agreed upon for E.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, 11, and 12, the purport of the whole pleadings
2. Occurrence of liability for indemnity;
A. According to the facts of the above recognition of the negligence in B and the statements in Gap evidence Nos. 2 and 4, the accident in this case can be acknowledged that the negligence in the defendant's driver B who stopped on the side of the expressway and the negligence by the driver D due to the driver D's stroke, and the above act of the above driver in this case constitutes a joint tort against E. As such, the plaintiff is the insurer of the driver D of the plaintiff vehicle, and the defendant is liable as the insurer of B who is the driver of the defendant vehicle, and the plaintiff and the defendant's liability are in a joint and several relationship between the plaintiff and the defendant.
As such, the defendant shall compensate for the amount of damages to E, as recognized in the basic facts, and the plaintiff's claim for reimbursement based on subrogation by the insurer.