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1. The Defendant’s KRW 963,789,525 as well as the Plaintiff’s annual rate of 5% from February 7, 2010 to April 24, 2020.
Reasons
1. Basic facts
A. C is the owner of a D vehicle (hereinafter “instant vehicle”), and the Plaintiff is C’s spouse.
E is an insurer who has entered into a comprehensive automobile insurance contract with the Defendant for F vehicles owned by E in the fifth degree of C, and the said comprehensive automobile insurance contract includes another special automobile driving security agreement (hereinafter “instant special agreement”) with the following contents:
1. An insurance company of the content of compensation (hereinafter referred to as “company”) shall be deemed as the insured’s other motor vehicle under the ordinary terms and conditions (other than personal injury I) and as the insured’s insured motor vehicle under the provisions of the common terms and conditions, if the insured has suffered legal liability for damages due to a large-scale accident or a physical accident that occurred while driving another motor vehicle (excluding parking or stopping; hereinafter the same shall apply), or if the insured has suffered an injury, the insured shall be deemed as the insured motor vehicle under the ordinary terms and conditions (excluding personal injury I) and the provisions of the self-physical accident or damage
The company shall, when the insured has sustained any injury by the owner of another motor vehicle due to an accident that has occurred in the course of driving another motor vehicle, regard him/her as the insured of his/her own physical accident or the injury resulting from motor vehicle accident under ordinary terms and conditions,
In case where insurance money can be paid according to an insurance contract applicable to another automobile with respect to the above damage to be compensated by the company, only the excess amount shall be compensated only when the amount to be compensated by the company exceeds the amount payable according to the insurance contract of another automobile.
B. On February 7, 2010, C, Plaintiff, E, etc. were to recover pine trees in J in Jinju-si, Jinju, and E was to drive the instant vehicle upon C’s request.
E was in the open state of the back seat of the instant vehicle at the time of driving the instant vehicle, and E did not recognize it, on February 7, 2010, around 09:30.