beta
Text
1. The Defendant’s KRW 74,490,00 for the Plaintiff and KRW 5% per annum from March 15, 2002 to February 2, 2015.
Reasons
1. Basic facts
A. On October 11, 2001, the Defendant driven a C-Motor vehicle owned by B, and caused the death of the F-Motor vehicle driven by the Defendant on the opposite direction by the negligence going beyond the center line at a speed of 60-70 km at a speed of 60-km from the speed of two lanes in the south-si, Seoul, the left side of the D-si, at the speed of two lanes in the speed of two lanes, and caused the death of the F-motor vehicle driven by the Defendant.
B. In the case of personnel accidents caused by the operation of a motor vehicle which was not covered by liability insurance or liability mutual-aid under the Guarantee of Automobile Accident Compensation Act, the Plaintiff, as a person conducting the motor vehicle accident compensation guarantee business that compensates the victim’s damages within the scope of liability insurance, paid the bereaved family members of the deceased KRW 74,490,000 on November 9, 201
C. The Plaintiff sought reimbursement against the Defendant and B as Seoul Central District Court Decision 2004Gadan283279, and the above court rendered a judgment on November 18, 2004 that “The Defendant shall pay to each Plaintiff the amount of KRW 74,490,000 per annum from November 9, 2001 to September 13, 2004; KRW 5% per annum from the next day to the date of full payment; and KRW 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive.
After the judgment above, the defendant paid KRW 1,280,050 to the plaintiff and appropriated the interest from March 14, 2002 out of the above judgment amount.
The Plaintiff filed the instant lawsuit to extend extinctive prescription.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff KRW 74,490,00 and damages for delay from March 15, 2002.
B. The defendant asserts that the court is declared bankrupt and granted immunity, and that the plaintiff's claim for indemnity is included in the list of creditors, and thus, the plaintiff's claim of this case cannot be complied with.
The defendant is the Seoul Central District Court on November 2, 2015.