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1. The Defendant’s KRW 401,425,180 as well as 5% per annum from January 1, 2015 to April 4, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is an insurer running non-life insurance business and entered into an automobile insurance contract with the non-party LAB and the BOB (hereinafter only referred to as the "insured vehicle"), and the defendant is a person driving the insured vehicle.
B. On November 1, 2014, at around 21:45, the Defendant: (a) shocked the Nonparty’s net E (hereinafter only referred to as the “victim”) who illegally crossed from the left side of the moving direction to the right while driving forward the D street in front of Dong-gu, Ulsan-gu, Ulsan-gu, U.S., and caused the death.
(hereinafter referred to as the "accident of this case")
C. The Plaintiff, as an insurer of an insured vehicle, paid 401,425,180 won to the bereaved family members of the victim’s bereaved family members due to the instant accident until December 31, 2014.
[Grounds for Recognition] Facts without dispute and entry in Gap evidence 1, 2, and 8 (including branch numbers if there are virtual numbers; hereinafter the same shall apply)
2. The Plaintiff asserted that the instant accident occurred due to the mistake of the Defendant driving an insurable vehicle, and thus, the Defendant is liable to compensate the victim for damage under Article 3 of the Guarantee of Automobile Accident Compensation Act and Article 750 of the Civil Act. Since the Plaintiff paid the amount stated in the claim as compensation for the damages suffered by the victim, the Plaintiff sought payment of the amount claimed to the Defendant under Article 682 of the
3. The plaintiff's judgment is examined as to the existence and scope of the victim's liability for damages against the defendant, since the victim can exercise the right of subrogation for the defendant within the extent of the damage claim against the defendant.
A. The Defendant is the driver of the insured vehicle, who is liable for damages sustained by the victim under Article 3 of the Guarantee of Automobile Accident Compensation Act and Article 750 of the Civil Act.
B. According to the evidence Nos. 2, 3, and 4, including the victim’s age and occupation, the victim is Firs, and Norway at the time of the instant accident.