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1. The Defendant’s KRW 39,926,327 as well as the Plaintiff’s annual rate from July 24, 2018 to August 14, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legal entity that operates the “D” located in the Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant golf course”).
나. 피고는 2015. 7. 15. 19:00경 이 사건 골프장 1번 홀에서 티샷을 하였는데, 피고가 친 골프공이 목표 방향보다 오른쪽으로 크게 휘어 날아가 이 사건 골프장 7번 홀 그린에서 퍼팅을 준비 중이던 E의 왼쪽 눈을 타격하였다
(hereinafter referred to as “instant accident”). C.
E has suffered injury, such as a blood stove in the context of the instant accident, a stove, a stove, etc.
E filed a lawsuit for damages against Suwon District Court Decision 2017Gahap127555 against the Plaintiff, Defendant, and F, etc., which entered into an insurance contract with the Defendant, and the said court rendered a judgment on October 17, 2017 that “The Plaintiff and the Defendant jointly pay to E KRW 220,870,000 and delay damages.” The F Co., Ltd jointly with the Defendant that “the Plaintiff and the Defendant jointly pay KRW 100 million and delay damages.”
[Judgment of dismissal of an appeal filed by both parties] E. (Seoul High Court 2017Na2066030).
On July 23, 2018, the Plaintiff paid KRW 148,388,627 of the total amount of principal and interest of damages to E (which shall be KRW 220,870,00,04, and damages for delay until July 23, 2018) to E, and the F Co., Ltd paid the remainder of KRW 122,767,123 to E.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff's summary of the plaintiff's assertion and the defendant as joint tortfeasor are liable for non-joint and several liability for E, but in an internal relationship, the plaintiff's negligence ratio is 30%, and the defendant's negligence ratio is 70%, so the responsibility should be shared accordingly.
The Plaintiff’s internal share is KRW 81,346,725 (i.e., KRW 271,155,750 x 30%) but paid KRW 144,38,627 to E, and thus, the Defendant exceeds the Plaintiff.