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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 38,998,120 on October 2005.
Reasons
1. Basic facts
A. On Nov. 16, 2003, Nonparty F driven the Ethroman vehicle (hereinafter “Defendant vehicle”) from the Gazine distance located in Seocheon-gu Daejeon, Seocheon-gu, Daejeon on Nov. 16, 2003, and driven in the direction of the view view distance, there was an accident in which Nonparty F, who first entered the intersection and going into the intersection, shocks the front side of the G vehicle driving by the Defendant vehicle with the front coverer (hereinafter “the instant accident”), and due to the said accident, C suffered injury, such as cerebral dyssis damage, incomplete dyslaf, etc. during the treatment period.
B. After the occurrence of the instant accident, F was asked the Defendant to have driven the vehicle on behalf of the Defendant after receiving contact for the accident. Accordingly, the Defendant made a false statement that he was driving the vehicle while driving the vehicle and was investigated as a suspect.
C. Of the instant vehicles involved in the instant accident, the Defendant vehicle driven by F was covered by liability insurance (person 1) in the Plaintiff Company, and the G vehicle driven by C was covered by a comprehensive insurance (including non-life insurance security) in Samsung Fire Insurance Co., Ltd. (hereinafter “Tsung Fire”). D vehicles in the name of C’s spouse B were covered by a comprehensive insurance (including non-life insurance security) in the Plaintiff Company, and H vehicles in the name of C was covered by a comprehensive insurance (including non-life insurance security) in Samsung Fire.
Samsung Fire paid 179,725,260 won of the total amount of damage of C on November 21, 2003 to C, and claimed compensation for the amount of KRW 63,000,000 corresponding to the liability insurance amount of the Plaintiff Company, and KRW 38,908,420 (as seen in the above paragraph (b) above, C is subject to the application of the Plaintiff Company 1, Samsung Fire 2, and thus, the share of the insurance amount of the Plaintiff Company and Samsung Fire 1:2).
E. Accordingly, the Plaintiff Company: Samsung Fire Co., Ltd.