구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
Based on the facts, the Plaintiff is an insurer entrusted with government-guaranteed business, such as compensating the victim of traffic accidents caused by a motor vehicle or an unrelated motor vehicle with the authority to guarantee motor vehicle accident compensation by the government under Article 45 (1) 1 and Article 30 (1) of the Guarantee of Automobile Accident Compensation Act within the limit of the insurance amount of liability insurance, and vicarious exercise of the victim's right to claim damages within the limit of the amount of compensation.
From June 1, 2010 to June 1, 201, the Plaintiff entered into an automobile insurance contract for E vehicles (hereinafter “instant contract”) including the content that the Plaintiff shall pay insurance proceeds even in the event of an injury inflicted by a non-insurance vehicle with the insured as D.
D A. Around 17:40 on April 4, 201, while driving the said E vehicle, while driving the said E vehicle, H and I suffered injury by the G vehicle, which was driven by the Defendant, due to shocking the front side of the said E vehicle without purchasing liability insurance.
Until May 30, 201, the Plaintiff paid KRW 1,311,550 in total to D as government guarantee business funds, and KRW 246,340 in total to H on April 22, 2011 under the instant contract, and KRW 267,200 in total to I.
[Ground for recognition] In light of the above-mentioned facts, Gap evidence No. 1, Gap evidence No. 5-1 through 3, and the purport of the whole pleadings, the defendant calculated damages for delay calculated at the rate of 15% per annum to the plaintiff within the extent prescribed by Article 682 of the Commercial Act, Article 45(1)4, and Article 39(1) of the Guarantee of Automobile Accident Compensation Act (= KRW 1,825,090 (= KRW 246,340, KRW 267,200), which is the delivery date of a complaint from May 31, 201 to December 13, 201, which is the delivery date of the complaint from May 31, 2011, and within the extent prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.