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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who entered into an automobile insurance contract with B as security, such as non-insurance injury, etc., setting the insurance period as one year from April 12, 201 with respect to the C-owned vehicles from April 12, 201. D is the designated entity of the said insurance contract.
B. At around 00:23, December 14, 201, the Defendant: (a) driven a Eknife car (hereinafter “Defendant vehicle”) on the front road of the Nowon-gu, Seocheon-gu, Seocheon-si; (b) attached a H taxi and a driver’s vehicle in the Ocheon-gu, Ocheon-si; (c) passenger D, who temporarily stopped from the said taxi due to the Defendant’s signal-based vehicle, temporarily stopped the Defendant vehicle with the Defendant’s vehicle; (d) obstructed the front while driving the vehicle at a speed of at least approximately 40 km in speed of about 40 km at the speed of the Defendant vehicle, leading the vehicle at the speed of at least 40 km, leading the vehicle to the front road of the Seocheon-si, Seocheon-si; and (c) caused a big difference in the Do floor, thereby making it clear that D’s head 400 meters away, etc. on the road.
(hereinafter referred to as “instant accident”). C.
Until August 29, 2013, the Plaintiff paid KRW 80 million to D with respect to the instant accident, as a government-guaranteed business consignment, pursuant to Article 30(1) of the Guarantee of Automobile Accident Compensation Act, Article 3(1)2 and 3 of the Enforcement Decree of the same Act, and attached Table 2, the Plaintiff paid KRW 64,747,350 (the remainder after deducting KRW 33,224,820,00,000 collected from the Hyundai Sea, which is the insurer of another non-insured special agreement).
As to the above sum of KRW 144,747,350 (the medical expenses, etc. paid up until June 28, 2013), the Plaintiff filed a claim for reimbursement against the Defendant under the Seoul Central District Court Decision 2012Ga39115, and “the Defendant shall pay to the Plaintiff the amount of KRW 48,802,747 (=69,718,210 + the Defendant’s liability ratio x 70%) and damages for delay.”