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1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. Defendant A shall pay to the Plaintiff KRW 24,562,200 as well as the Plaintiff’s January 200.
Reasons
Basic Facts
A. At around 04:50 on July 22, 1998, Defendant B driven a vehicle E (hereinafter “instant vehicle”) owned by Defendant A with no license on the front road located in Daejeon Pungdong-gu C, Daejeon, and caused injury to F, who was on board the instant vehicle, by an excessive operation of hand, caused a telecommunication pole located on the right side of the roadside and caused an excessive handling of hand.
(hereinafter “instant accident”). (b)
Around that time, F’s father G claimed insurance money for the damage incurred by F due to the instant accident on behalf of F on the ground that the instant vehicle was non-insurance vehicles.
C. From September 1998 to January 6, 200, the Plaintiff paid F a total of KRW 24,562,200 as insurance money. D.
Since then, the Plaintiff filed a claim against the Defendants for the reimbursement of the said insurance money with the Daejeon District Court 2006 tea12302, and the above court issued the payment order (hereinafter “instant payment order”) on September 6, 2006, stating that “The Defendants jointly and severally filed a claim against the Plaintiff for the reimbursement of KRW 24,562,200 and its amount from January 7, 2006 to October 31, 2006; Defendant A paid 5% per annum from September 25, 2006 to September 25, 2006; and 20% per annum from the next day to the day of full payment.”
The payment order of this case was finalized on November 15, 2006 for Defendant A, and on October 10, 2006 for Defendant B.
[Reasons for Recognition] According to the facts without dispute, Gap evidence Nos. 1 through 4, and the facts of recognition as to the legitimacy of the lawsuit against defendant B as to the purport of the whole pleadings, barring any special circumstances, defendant B, the driver of the vehicle of this case, is obligated to pay to the plaintiff 24,562,200 won as the amount of indemnity pursuant to the payment order of this case, and damages for delay.
(hereinafter referred to as “the claim or obligation of this case”) shall be limited to the claim or obligation of this case.