구상금
1. Revocation of the first instance judgment.
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. B, around 05:20 on April 14, 2007, driving a car integrated insurance contract, caused an accident of shocking a pedestrian F, which was ahead of it, while driving a road of the front direction of the E, located in Da, Jeonnam-gun, Jeonnam-gun, into the hurri-ri (Seoul Jin-gun), into the front part of the said otoba (hereinafter “instant accident”).
As a result of the above accident, F has suffered injuries, such as the alley of the right satisfaction and the escape.
B. The Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Modern Marine Fire Insurance”) is an insurer who entered into a comprehensive automobile insurance contract with F with G automobile, and the said insurance contract includes a special agreement on indemnity against an insured automobile (the special agreement on indemnity in accordance with the terms and conditions where the insured is injured or dead due to an accident resulting from an insured automobile).
The Hyundai Marine Fire Insurance Co., Ltd. paid a total of KRW 15,401,710 in relation to the instant accident to F from April 9, 2010 to September 1, 2011 in accordance with the said special agreement.
C. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract for G automobiles, and the said insurance contract included a non-life insurance special agreement such as the modern marine fire insurance contract, and F was included in the insured under the said insurance contract of the Plaintiff.
On November 13, 2015, modern marine fire insurance filed a lawsuit against the plaintiff et al. seeking reimbursement according to the ratio of the insurance amount to the insurance amount under the Gwangju District Court 2015 Ghana54988.
On May 18, 2016, the above court rendered a judgment that "the plaintiff shall pay to Hyundai Marine Fire Insurance KRW 2,722,00 and interest thereon at the rate of 5% per annum from September 2, 201 to November 20, 2015, and at the rate of 15% per annum from the next day to the day of full payment," and the above judgment became final and conclusive.
The Plaintiff’s indemnity amounting to KRW 3,512,120 on June 2, 2016, according to the above final judgment.