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1. Defendant A’s KRW 46,464,090 and the Plaintiff’s annual rate of KRW 5% from June 19, 2015 to January 13, 2016, and the following.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer that entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) that contains “non-accidentd vehicle” in the collateral category with respect to D vehicles owned by C (hereinafter “Plaintiff”) and the Defendant B is the owner of the E vehicle (hereinafter “Defendant vehicle”) that was subscribed to liability insurance, and the Defendant A is the driver of the Defendant vehicle, and the Defendants are the siblings.
B. At around 05:45 on December 9, 2014, Defendant A, while driving Defendant A without a license, was invaded by the central line on the road near G funeral home located in Ansan-gu, Masan-si. The part of Plaintiff A’s front left-hand side of the Plaintiff’s vehicle at the time when the vehicle was in operation.
(hereinafter “instant accident”). C.
In the instant accident, the driver C and the Ha of the Plaintiff’s vehicle suffered injuries, and the Plaintiff’s vehicle was destroyed and scrapped.
Until June 18, 2015, the Plaintiff paid C totaling KRW 133,543,680, insurance proceeds under the instant insurance contract to C due to material damage (scrapping of the Plaintiff’s vehicle) under the instant insurance contract, insurance proceeds arising from personal injury under the instant non-insurance contract (hereinafter “instant special agreement”), and H, which is within the scope of liability for damages to C and H by the person liable for the instant accident.
E. The terms and conditions of the instant insurance contract stipulate the Plaintiff’s subrogation on the instant special agreement.
F. The Plaintiff recovers KRW 84,99,590 from the Dongbu Fire Marine Insurance Co., Ltd., the liability insurance company of Defendant vehicle, and KRW 2,080,00 from the Iju, respectively, and the remainder of the insurance money currently paid is KRW 46,464,09.
[Ground for Recognition: Facts without dispute; entries in Gap evidence 1-5 (including number number, if any); fact-finding results on the Chief of the Ansan Police Station of this Court; the purport of the whole pleadings]
2. The plaintiff's defendant A.