구상금
1. As to the part against the defendant in the judgment of the court of first instance excluding the part of the claim for reimbursement of litigation costs.
1. The Defendant appealed to the entire judgment prior to the remand.
The Supreme Court dismissed the appeal on the part of the claim for reimbursement of lawsuit costs and remanded it to this court. The appeal on the remainder except this part is accepted. The part against the defendant in the judgment before remanding the case, excluding the part of the claim for reimbursement of lawsuit costs,
Therefore, the part of the claim for reimbursement of litigation costs becomes final and conclusive and excluded from the scope of adjudication.
2. The reasoning for this part is the same as the part of “1. Facts recognized” among the grounds of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The third part of the judgment of the first instance is "one personal compensation for the personal injury" of the 16-17th part of the judgment of the first instance as "one personal compensation for the personal injury."
The 5th, 6th, 6th, and 9th, of the first instance judgment, "the instant traffic accident" shall be deemed to be "the instant accident" respectively.
The May 1, 198 of the first instance court's fifth 16th efficiencies "in consideration of over-speed".
The 6th of the first instance judgment "compensation Claim" in the 11th of the 11st judgment, and the 13th of the 13th judgment "B 1 to 4" are "B 1 to 4".
3. In cases where the insurer pays the amount of damages as insurance proceeds in accordance with the insurance contract concluded with one of the joint tortfeasors, and the joint tortfeasors are jointly exempted, the insurer may exercise the right of indemnity in proportion to the portion of the liability to the other joint tortfeasors in accordance with the legal principles of subrogation of the insurer.
(See Supreme Court Decision 2007Da89494 Decided February 29, 2008). Also, the insurer who concluded an insurance contract with each joint tortfeasor bears the liability for compensation under Article 724(2) of the Commercial Act in relation to the victim of each joint tortfeasor’s tort. Thus, the insurer who concluded an insurance contract with each joint tortfeasor directly bears the liability for compensation under Article 724(2) of the Commercial Act between the insurers.