구상금
1. The judgment of the first instance, including the claims extended in the appellate trial, shall be modified as follows.
The defendant.
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter “Plaintiff’s insurance contract”) containing a special agreement on warrantying non-life insurance for the automobile with D.
The insured under the above non-life insurance contract includes the spouse of the non-life insurance (Article 18(1)1 of the General Terms and Conditions of the Plaintiff Insurance Contract).
The defendant is an insurer who has entered into an automobile comprehensive insurance contract with F regarding G motor vehicles (hereinafter referred to as “Defendant vehicle”).
C. Around August 11, 2015, H, F’s son, was driving the Defendant’s vehicle with no license and was passing the J hotel in front of the J hotel located in Jung-gu Seoul, Jung-gu, Seoul. On the other hand, the Plaintiff’s Intervenor (D’s spouse; hereinafter “ Intervenor”) who dried the crosswalk in line with the pedestrian signal.
(hereinafter “instant accident”). As a result, an intervenor suffered from credit d.e., the Minister of Justice’s d.
The Plaintiff spent KRW 15,249,970 in total with the Intervenor’s medical expenses, etc. from November 18, 2015 to December 23, 2016, in accordance with a special agreement on indemnity against an insured motor vehicle.
In addition, the details of the payment of insurance money or damages by the original defendant or H are as follows:
On December 11, 2015, the amount of temporary payer paid to the Plaintiff 2,50,000 won for the Intervenor 4,000,000 H on March 14, 2016, and KRW 10,000 for the Intervenor 10,000,000 on April 27, 2016, May 11, 2016, the sum of the amount paid to the Plaintiff 1,239,000 won for the Intervenor 13,739,000 won for the Plaintiff on May 13, 2016; KRW 10,50,000 for the Intervenor 4,50,000, KRW 2,000 for the Intervenor 2,00,000, KRW 0,000 for the Plaintiff 10,000 for the remainder of KRW 8,50,00 for the Plaintiff 20,00 for the Plaintiff 208,2015.
2. Summary of the parties’ assertion
A. The Plaintiff’s instant accident is the Defendant’s vehicle.