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1. The Defendant’s KRW 24,50,000 and the Plaintiff’s annual rate of KRW 5% from August 30, 2016 to November 26, 2016.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into a cargo liability insurance contract with Nonparty F (hereinafter referred to as the “insured”), which includes a special agreement on the freight forwarding risks, and the Defendant is the owner and driver of G vehicle (hereinafter referred to as the “Defendant”).
B. Around 03:10 on June 16, 2016, the Defendant: (a) driven the Defendant’s vehicle; and (b) caused an accident involving Non-Party H’s stringing of the Plaintiff’s vehicle near the Gancheon-si Kimcheon-si, which was driving on the Gancheon-si.
(hereinafter referred to as the "accident of this case")
C. In the instant accident, the 11st unit for half-way control on the said vehicle (hereinafter referred to as the “instant loaded goods”) was destroyed due to the instant accident. As to the damage caused by the destruction of the instant loaded goods, the J Co., Ltd., the insurer of the Defendant vehicle, paid KRW 184,90,660 to the auxiliary intervenors, and the Plaintiff paid KRW 24,50,000 to the auxiliary intervenors at the request of the insured.
[Ground for recognition] Unsatisfy and entry of Gap evidence 3
2. Chief;
A. As seen in the Plaintiff’s assertion based on the facts, since the instant accident occurred due to the Defendant’s violation of the Defendant’s duty of safe driving, the Defendant is liable for damages to the Intervenor, who is the owner of the instant loaded article. As such, the Plaintiff compensated for damages to the Intervenor, the Intervenor was responsible for compensating for damages incurred to the instant loaded article due to the instant accident. Accordingly, the Intervenor’s subrogation doctrine under Article 682 of the Commercial Act, which the Intervenor
B. The supplementary intervenor, the owner of the cargo of this case, alleged by the defendant, is KRW 184,90,660 as a whole, when consultation with the non-party JA Co., Ltd., which entered into a comprehensive automobile insurance contract with the defendant as to the vehicle of this case about damages caused by damage to the cargo of this case.