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. The reasons for the acceptance of the judgment of the court of first instance are as follows, with the exception that the court addss and alters the same as the reasons for the judgment of the court of first instance, and separates the “insurance” by means of “deduction”, and therefore, they are cited as it is by the main text of Article 420 of the Civil Procedure
2. On the 3rd page, the part added to the 3rd page, and the 19th page, the plaintiff asserts that the defendant is obligated to return the profits the defendant acquired and its delay damages to the plaintiff as unjust enrichment, since the plaintiff discharged the damage liability that the defendant bears to F.
6. Face 8 or below
D. As seen earlier, the Defendant’s judgment on the claim for return of unjust enrichment constitutes the beneficiary, and the Plaintiff’s payment of the principal and interest pursuant to the decision on recommending settlement to F, etc. is in accordance with the instant mutual aid agreement. Therefore, it cannot be said that the Defendant’s exemption of the beneficiary’s debt equivalent to the mutual aid money paid to F, etc. from the beneficiary
In addition, where the performance of the contract is beneficial to a third party as well as the other party to the contract, the party who provided the contract may not claim the return of unjust enrichment against the third party in addition to the counter-performance of the contract.
(see, e.g., Supreme Court Decision 2011Da17106, Jun. 27, 2013). Therefore, the Plaintiff’s assertion of unjust enrichment is without merit.
3. In order to compensate for the whole amount of damages for the subrogation of the person who is liable for damages from the 6th page 6th to the 6th page, there is no right to subrogate since the rights of the victim against the other joint tortfeasor are extinguished if one of the joint tortfeasor fully compensates for the damages.
Therefore, if the victim of a joint tort has received damages from one of the joint tortfeasor, the victim's claim for damages against the other joint tortfeasor is "goods or rights" under Article 399 of the Civil Code.