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1. The plaintiff's action against the defendant A shall be dismissed.
2. Defendant B shall pay to the Plaintiff KRW 60,195,000 as well as the Plaintiff’s February 2, 200.
Reasons
1. Determination as to the claim against Defendant A
A. Defendant B’s basic facts 1) around 12:20 on December 7, 1999, Defendant B owned C Oralba (hereinafter “instant Oralba”) under Defendant A’s ownership (hereinafter “instant Oralba”).
2) On the road of the Seo-gu, Seo-gu, Daejeon Metropolitan City Women's Center, where the accident occurred while driving about about 40 km per hour at a speed of about the speed of 40 km in front of the Sin-dong Women's Center, and the part of the body part of D, which dried the crosswalk on the left side from the right side of the direction of the Guntoba in this case to the left side, led to the death (hereinafter "the accident of this case").
2) 2) A’s bereaved family members claimed insurance money for the damage incurred to D due to the instant accident on the ground that it is the instant off-to-land non-insurance vehicle, and the Plaintiff paid KRW 62,895,000 as insurance money to D’s bereaved family members on February 1, 200.
3) Afterwards, the Plaintiff filed a claim against the Defendants for reimbursement of the said insurance money with the Daejeon District Court 2007Kadan41932 (hereinafter “instant claim for reimbursement”). The Plaintiff’s claim against the Defendants for reimbursement against the Defendants is deemed as “instant claim for reimbursement.”
(2) On September 12, 2007, the above court held that "the defendant jointly and severally pays to the plaintiff 60,195,000 won with 5% interest per annum from February 2, 2000 to July 27, 2007, and 20% interest per annum from the next day to the day of full payment" (hereinafter "the preceding judgment of this case").
(4) Defendant A was declared bankrupt on June 11, 2008 by Daejeon District Court 2007Hadan7627, and the decision of immunity was made on April 20, 2009 by the same court 2007Ma7627, and the above decision of immunity became final and conclusive on May 7, 2009. The claim of indemnity of this case was entered in the list of creditors in the bankruptcy procedure.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5, the purport of the whole pleadings
B. Defendant A’s main defense of safety.