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1. As to the Plaintiff KRW 92,365,084 and KRW 47,735,740 among them, the Defendant shall pay to the Plaintiff KRW 44,629,344 from March 8, 2017.
Reasons
1. Basic facts
A. A, at around 03:40 on July 10, 2015, driven a 2015, driven by a 203-lane B Lone Star and parked on the 3-lane road at the entrance of the roof bridge in Daejeon Central District, along two-lanes from the base distance to the rooftop intersection, the part behind the D car volume (the Plaintiff entered into a comprehensive automobile insurance contract with the Plaintiff, and hereinafter referred to as “Plaintiff”) owned by C, which was parked on the three-lanes, was turned over to the front part of A’s vehicle (the first accident), and the latter part of E-owned F Freight (the Defendant entered into a comprehensive automobile insurance contract with the Defendant, and hereinafter referred to as “Defendant vehicle”).
(2) In this regard, A has suffered from injury, such as submera, etc., due to scarcitys, etc.
(hereinafter “instant accident”). (b)
A filed a lawsuit against the Plaintiff for damages (Seoul Western District Court 2016da216697), and on November 7, 2017, the judgment in favor of the Plaintiff rendered a judgment in favor of the Plaintiff to pay the Plaintiff KRW 113,475,630 as well as the interest rate of KRW 5% per annum from July 10, 2015 to November 7, 2017, and KRW 15% per annum from the next day to the date of full payment (the negligence of the Plaintiff and the negligence of the Plaintiff was deemed 8:2), and the above judgment became final and conclusive around that time.
C. On November 24, 2017, the Plaintiff paid the principal and interest of KRW 127,512,410 to A in a final and conclusive judgment, and separately paid KRW 136,387,830 to A.
The Plaintiff filed the instant lawsuit claiming an amount equivalent to 50% of the total sum of the aforementioned payments on the premise that the negligence of the Defendant vehicle was 50%.
[Grounds for Recognition] Facts without dispute, Gap 1-12's statements (including additional numbers), the overall purport of the pleading [based on lack] Eul 1-3's statements
2. Determination
(a)the occurrence and scope of the right of indemnity (i) in civil cases of relevant legal principles, even if they are not bound by recognized facts in judgments of other civil cases, etc., in the final and conclusive civil cases;