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1. The Defendant’s KRW 87,199,350 as well as the Plaintiff’s annual rate from July 28, 2018 to August 30, 2019.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to E and F vehicles, and the said insurance includes non-insurers’ lineal ascendants and descendants of the insurance contractor as the insured.
B. On September 30, 2016, the Defendant, as the owner of a G Freight vehicle (hereinafter “AR vehicle”), was driving a vehicle while driving the vehicle under a license without permission on September 30, 2016, and was passing through one lane near the JW in the Young-gun of Gangwon-gu.
At the time, I (E's son C) was under the influence of alcohol on the front side of the road at the time, but the defendant, due to the wrong progress without properly examining the front side, sent the part of I's left shoulder to the front right side of the vehicle, and escaped without relief measures.
As a result, I suffered serious injury, such as thalmath, and 20 weeks therapy (hereinafter “the instant accident”). C.
I claimed insurance money against K Co., Ltd. (hereinafter referred to as "K") based on its comprehensive motor vehicle insurance (JJ) that includes non-insured injury security.
(d)
K paid the insurance money of KRW 212,380,320 in aggregate of KRW 36,465,130 in accordance with the payment criteria set out in the terms and conditions of insurance, and KRW 38,000 in the vehicle liability insurance company in the present year.
E. Upon K’s claim for share of double insurance, the Plaintiff paid KRW 87,19,350,00 to K on November 27, 2017, KRW 38,930,060 on May 30, 2018, and KRW 87,457,59,59,350 on July 27, 2018.
F. Meanwhile, the Defendant was prosecuted for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (domain sentence) due to the instant accident, and was sentenced to one year imprisonment on September 11, 2018 (Seoul District Court’s High Court’s order 2016 High Court order 574). Both appeals were lodged by the two parties (Seoul High Court Decision 2018No920), but the appellate court dismissed the appeal on November 15, 2019.