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1. The Defendant’s KRW 80 million to the Plaintiff and the Plaintiff’s annual rate of 5% from August 9, 2013 to March 5, 2014.
Reasons
1. Facts of recognition;
A. (1) The Plaintiff entered into a comprehensive automobile insurance contract with A (B) and agreed to pay the insurance money in accordance with the terms and conditions in the event there is a person liable to compensate for the damage caused by an accident that occurred by an non-insurance vehicle. (2) When the Defendant entered into a comprehensive automobile insurance contract with Arenk Co., Ltd. (hereinafter “Defendant”) on the automobile D (hereinafter “Defendant”) in the event that the insured automobile is an automobile for rent business, the Plaintiff agreed not to compensate for the damage caused by an accident that occurred when the lessee uses the insured automobile for profit-making purposes (hereinafter “liability Clause”).
B. On May 28, 2013, while the occurrence of an accident E driving the Defendant’s vehicle, he shocked A crossing the road, and A died due to this accident.
(hereinafter referred to as “instant accident”). C.
1) The bereaved family members of A refused to pay the insurance proceeds on the ground of the terms and conditions of exemption, and requested the Plaintiff, the insurer of A, to pay the insurance proceeds pursuant to the insurance accident coverage agreement. Accordingly, the Plaintiff agreed to give the bereaved family members of A (F) KRW 80 million on August 8, 2013 to waive all rights, such as the damage claim related to the instant accident, within the scope of the said compensation, and to transfer the claim to the Plaintiff. (2) On February 18, 2014, the Defendant determined KRW 168,883,420 as the amount of compensation for the instant accident between A’s bereaved family members (F) and the Plaintiff, and paid KRW 88,883,420,000,000 excluding KRW 80,000 paid by the Plaintiff to the bereaved family members of A.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 16, Eul evidence Nos. 2, 3 and 5, the purport of the whole pleadings
2. Determination as to the cause of action
A. The insured legal doctrine pertaining to the occurrence of the right to indemnity is the legal doctrine.