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1. Revocation of a judgment of the first instance;
2. The Defendants jointly share the Plaintiff KRW 33,098,640 and its related amount on August 2, 2012.
Reasons
1. Basic facts
A. At around 10:00 on March 13, 201, Defendant B driven the freight C (hereinafter “Defendant vehicle”) owned by Defendant A, and proceeded with a shooting distance without any difference in line in front of the original village in the front of the original city in the front of the original city in the front of the North Korean old-gun, the Defendant B discovered and suddenly down the E-to-be driven by D, who had been on the right side from the center of the Hongeeeeee Postal Office according to the left-hand farming route, and did not reach the said part, and caused the accident that D would incur damage to water (hereinafter “instant accident”).
B. The Green Damage Insurance Co., Ltd. (hereinafter “LIG Damage Insurance Co., Ltd.”) paid KRW 121,730,020 to D with the injury insurance amount caused by the non-life insurance (such as a motor vehicle which is not identified as a motor vehicle causing damage or a motor vehicle which is not included as a large-scale damage insurance class II). The LIG Damage Insurance Co., Ltd. (hereinafter “LIG Damage Insurance”) for which the Defendant’s automobile was insured as a non-life insurance amount paid KRW 38,983,420 as its indemnity amount to the Green Damage Insurance.
C. With respect to F and G vehicles, the Plaintiff concluded each automobile insurance contract with H as to H and I vehicles, and the terms and conditions thereof contain the content that D would compensate for damages incurred by the injury caused by the non-insurance vehicle.
D The company liable to pay insurance proceeds from injury caused by an non-insurance accident is the Plaintiff, its Green Damage Insurance, Hyundai Marine Fire Insurance Co., Ltd., and the insurer who concluded two contracts among them, and the insurance proceeds to be borne by the Plaintiff are 2/5 of the total insurance proceeds.
On or around January 30, 2012 and August 1, 2012, the Plaintiff received a claim for duplicate insurance money from such green damage insurance, and KRW 82,746,600 = Insurance money paid to D by such green damage insurance.