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1. The Defendant’s KRW 38,581,915 as well as 5% per annum from May 30, 2018 to January 9, 2020 to the Plaintiff.
Reasons
According to the statements in Gap evidence 1 through 5, the plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with D and E (hereinafter "Plaintiff") and the defendant is an owner who holds concurrent office as an owner of F vehicle (hereinafter "Defendant vehicle") which operated and caused the following traffic and caused them. ② The defendant left the plaintiff vehicle which was under normal progress in Hasan-si G around 20:00 on January 28, 2017 and was faced with D's injury by driving it as the defendant vehicle, ③ the defendant vehicle is a party to liability insurance contract, ③ the defendant vehicle is a party to the liability insurance contract, and D's claim for the payment of the non-accident insurance premium for the automobile insurance contract to the plaintiff, and the plaintiff paid KRW 103,086,330 as the medical expenses of D's insurance contract, and among which the defendant vehicle was covered by the insurance company, KRW 28,000, KRW 200, KRW 2507, KRW 2509, KRW 2507, KRW 2509.
According to the above facts, the plaintiff acquired the right of subrogation to the defendant under Article 682 (Subrogation by Insurer against Third Parties) of the Commercial Act as the plaintiff paid insurance money.
Therefore, the defendant is obligated to pay damages for delay at the rate of 5% per annum prescribed by the Civil Act from May 30, 2018 to January 9, 2020, the delivery date of a copy of the complaint of this case, and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, which is 38,581,915 won, which is the insurance money not returned among the insurance money paid by the plaintiff to the plaintiff.
In regard to this, the defendant asserts that he had already paid the sum of KRW 41,000,000 to J Co., Ltd., and thus, the defendant's assertion amount is not returned to the plaintiff's exercise of the right of subrogation as seen earlier.