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1. Defendant C and D Co., Ltd. jointly share to the Plaintiff KRW 15,203,192 and their amount from November 10, 2017.
Reasons
1. Facts of recognition;
A. (1) The Plaintiff is the insurer that entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with E as shown in the attached Form with respect to F Vehicle (hereinafter “accidented Vehicle”). Defendant D Co., Ltd. (hereinafter “Defendant D”) entered into a comprehensive automobile insurance contract with the Defendant C Co., Ltd. (hereinafter “Defendant C”), and the insurer that entered into a comprehensive automobile insurance contract with respect to G vehicle (hereinafter “working vehicle”), and on January 12, 2017, the Defendant Ansan-si entered into an annual unit price contract with Defendant C for construction of traffic safety facilities (e.g., an I restaurant located in Ansan-si) regarding road sections, including an I restaurant.
(2) The instant insurance contract includes a special agreement on automobile injury with the maximum amount of KRW 300,00,000 per person per death and a special agreement on self-motor vehicle damage with the maximum amount of KRW 34,900,000 (per person: 20% of the amount of damage incurred to the insured motor vehicle, minimum of KRW 200,000/minimum of KRW 50,000).
Article 6 of the Special Terms and Conditions for Automobile Injury Insurance of this case provides, “The Company shall acquire the rights of the insured to a third party within the insurance money paid to the insured: Provided, That if the company compensates for a part of the insured’s loss, it shall acquire the rights to the extent that it does not infringe the rights of the insured.”
B. On May 25, 2017, J was an employee of Defendant C and was on board a working vehicle around 00:35.
C. (1) On May 25, 2017, K runs an accident vehicle at around 00:35 on May 25, 2017, while driving the I cafeteria located in Ansan-si, one lane in front of the I cafeteria-si, which is located in Ansan-si, along the one lane, from the airside of L High School in the city of Ansan-dong to the airside, and driving safely at a reduced speed, thereby neglecting the duty of due care to prevent accidents.