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1. The Defendant’s KRW 53,096,410 as well as 5% per annum from May 25, 2016 to April 26, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On May 2, 2015, the Defendant, while driving a vehicle B (hereinafter referred to as “accident”) under the influence of alcohol around 19:00 on May 2, 2015, caused an accident where Nonparty C (hereinafter referred to as “victim”) who was walking alone in front of the course of the accident vehicle (hereinafter referred to as “the instant accident”).
B. Nonparty D, the wife of the victim of the status of the party, etc., concluded a comprehensive automobile insurance contract (limited to the instant insurance contract) with the Plaintiff as to his owned E vehicles containing a special agreement for injury without insurance. The victim concluded a comprehensive automobile insurance contract with Nonparty Hyundai Marine Fire Insurance Co., Ltd., which contains a special agreement for injury without insurance.
C. In the instant accident involving the payment of insurance proceeds, the victim suffered injuries, such as brain cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Sponsor, and 216,192,830 won in total, including medical expenses of KRW 71,692,830, and damages of KRW 144,500,000 in total, and the KB Insurance Co., Ltd., a liability insurance company for the vehicle involved in the accident, paid KRW 110,000,000 in the liability insurance proceeds to the said Hyundai Marine
In addition, the above Hyundai Marine Fire Insurance Co., Ltd. requested the Plaintiff to jointly bear the loss of the victim who is the insured under the above insurance-related special agreement with the Plaintiff, and the Plaintiff paid 53,096,410 won (=106,192,830 won x 1/2) to the above Hyundai Marine Fire Insurance Co., Ltd.
[Ground of recognition] Unsatisfy and described in Gap evidence 4,5,6,7,8
2. Chief;
A. The plaintiff's assertion that the accident of this case was issued by the defendant's driver's negligence, and the plaintiff who bears 53,096,410 won out of the damages to the victim shall be deemed to have subrogated acquisition of the damage claim that the victim has against the defendant under Article 682 of the Commercial Act. Therefore, the plaintiff's assertion