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1. All of the plaintiff's claims that the court changed in exchange are dismissed.
2. Lawsuits between the Plaintiff and the Defendant
Reasons
1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the first instance (1. 1.). Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the plaintiff's claim
A. (i) With respect to the primary claim of the Plaintiff, the policyholder of the instant insurance contract received the insurance accident from the Plaintiff with the purport that “In performing the instant excavation work, the wall was removed, and the pedestrian was shocked.” As such, the Plaintiff determined that the instant accident constituted a matter for which the driver’s liability for damages was recognized, and thus, the Plaintiff guaranteed the payment of the medical expenses of the victims of the instant accident and paid the insurance proceeds worth KRW 79,329,630 in total pursuant to Article 12(1) of the Guarantee of Automobile Accident Compensation Act.
The Plaintiff’s above payment of insurance money falls under the repayment of “a person who has a legitimate interest in repayment” as stipulated in Article 481 of the Civil Act, and thus, the Plaintiff may subrogate the victims of this case, the obligee, pursuant to Article 481 of the Civil Act
Therefore, pursuant to Article 481 of the Civil Act, the defendant is obligated to pay the plaintiff the total sum of the above insurance money of KRW 79,329,630 and delay damages.
B. Sheet only a health unit, Article 469(2) of the Civil Act provides that a third party who has no interest shall not make a performance against the will of the debtor, and Article 481 of the Civil Act provides that a person who has a legitimate interest to make a performance shall, as a matter of course, subrogate the creditor by performance. The person who has a "interest" or "justifiable interest to make a performance" as referred to in the above provision refers to a person who has a legal interest to be protected by subrogation by performance because he/she is in a position to have an execution from the creditor or lose his/her right to the debtor unless he/she makes a performance.