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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 28, 1998, the Defendant driven B vehicle without a license (hereinafter referred to as “instant Defendant vehicle”) on the left side of the Defendant vehicle with the front side of D vehicle D being driven by C, E, F, and G driving on the opposite side (hereinafter referred to as “victimd vehicle”), which was driven by the Defendant’s vehicle on the part of the Defendant’s vehicle, while driving on the road in the city of Asan-si, Masan-ri (hereinafter referred to as “the location of the instant accident”). During the instant accident where the central line was installed, the Defendant obstructed the central line, and caused the damage to C, E, F, and G on the part of the Defendant’s vehicle, and damaged the damaged vehicle.
(hereinafter “instant accident”). (b)
As an insurer who entered into an automobile insurance contract with respect to the damaged vehicle of this case, the Plaintiff paid C an insurance amount of KRW 91,92,630, KRW 5,423,320, KRW 6,786,80, KRW 2,000, respectively, for the medical expenses incurred by the instant accident, etc., and paid KRW 2,020,000,000 as the total loss insurance amount of the instant vehicle.
C. Since then, the Daejeon District Court rendered a claim against the Defendant for the reimbursement of the above insurance money as the Daejeon District Court 2007Kadan41932 (hereinafter “instant claim for reimbursement”). On October 25, 2007, the above court rendered a judgment that “the Defendant shall pay to the Plaintiff 74,641,670 won and interest calculated at the rate of 5% per annum from January 28, 1999 to August 14, 2007, and 20% per annum from the next day to the day of full payment” (hereinafter “instant judgment”). The above judgment became final and conclusive around that time.
On September 12, 2014, the Defendant was granted immunity by Daejeon District Court 2014Ra1515, and on September 27, 2014, the foregoing decision became final and conclusive on September 27, 2014. The claim for reimbursement of this case was entered in the list of creditors in the bankruptcy case where the Defendant is the debtor.
[Ground of recognition] A.