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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The recognition was completed on September 3, 2013, 10:35, and D, while driving, led to the death of F by shocking the F, while driving the vehicle in the front of the C pharmacy in the Chungcheongbuk B.
The Defendant (Appointed Party) claimed F’s heir, F as the victim, for the payment of non-insured injury insurance proceeds to the Plaintiff. On January 16, 2014, the Plaintiff calculated F’s negligence by 20%, and D’s negligence by 80%, and paid KRW 80,183,730 to the Defendant (Appointed Party) as insurance proceeds (such as above data 32 million won, funeral expenses 2.4 million won, funeral expenses 11,359,310 won, lost profits, medical expenses 43,03,730 won, etc.).
At the time, between the Plaintiff and the Defendant (Appointeds), the Plaintiff transferred the right of the Defendant (Appointeds) to the Defendant (Appointeds) to the extent of the insurance amount paid by the Plaintiff, and subrogated to the transfer of the right of the Defendant (Appointeds) within the scope of the insurance amount paid by the Plaintiff, and the Plaintiff and the Defendant (Appointeds) did not raise any civil or criminal objection against the said insurance amount, and paid 37.1 million won, excluding the medical expenses for F, as agreed money, to the Defendant (Appointeds).
After that, the Plaintiff filed a claim for damages against D with the Cheongju District Court 2014Kadan1540 regarding the above traffic accident.
On August 5, 2014, when the above civil procedure was in progress, the Plaintiff notified the Defendant (Appointed Party) to the effect that, with respect to the insurance money that the Plaintiffs paid to the Defendant (Appointed Party) to the Defendant (Appointed Party), the insurance money already paid may be claimed if the ratio of negligence is calculated differently in the civil procedure, and the amount received may also be claimed for return.
With respect to the foregoing case on September 24, 2014, 59,954,424 won, including 29,954,424 won, and 30 million won, 65% of D’s negligence and 35% of F’s negligence were determined, and 59,954,424 won was calculated as damages. The Plaintiff received insurance money from the insurer (liability insurer) of the said vehicle.