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1. The Defendant’s KRW 78,180,368 as well as the Plaintiff’s annual rate of 5% from November 1, 2019 to October 7, 2020.
Reasons
1. Facts of recognition;
A. The relevant Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with D with respect to the E vehicle (hereinafter “Plaintiff”), and F is a registered insured under the limited driving special terms and conditions as D’s refer.
B. At around 16:00 on October 11, 2014, F parked the Plaintiff’s vehicle in front of the parking lot near G apartment Hdong in Ansan-gu for personal use. The Defendant, while moving the Plaintiff’s vehicle in the same manner while being on the top of the operation of the Plaintiff’s vehicle, left the Defendant’s vehicle due to the failure of F to get off the Plaintiff’s vehicle. (ii) The above apartment resident and the security guard requested the Defendant to request the Defendant to move the Plaintiff’s vehicle that prevents the said parking lot. While the Defendant was under the influence of alcohol level of 0.053%, on October 16:25, 2014, while the Defendant was driving the Plaintiff’s vehicle at around 16:25, 2014, the Defendant shocked each of the first vehicle (hereinafter “damaged vehicle”) and the damaged vehicle.
(hereinafter referred to as “instant accident”). C.
1) The insurance company of the damaged vehicle is K Co., Ltd. (hereinafter referred to as “K”)
(2) The Plaintiff paid KRW 9,869,460 in total to L, etc., the contractor of the instant accident, and KRW 9,869,460 in total, (3,860,00 in the cost of repairing a vehicle damaged by agreement and treatment costs of KRW 96,09,460 in the automobile). The Plaintiff returned KRW 22,50,000 in the liability insurance amount of KRW 22,50,000 in the instant accident. (2) K filed a lawsuit claiming reimbursement of KRW 77,369,460 in the instant claim against D and the Defendant (i.e., the insurance amount of KRW 9,869,460 in the amount of returned KRW 22,50,00 in the return amount of KRW 22,50 in the instant accident) (Seoul Central District Court Decision 2017Da492640 in the instant case). On October 23, 2019, the instant court filed the instant Claim Guarantee of Automobile Accident Compensation Act (hereinafter referred to the instant accident.
The defendant and D shall jointly assume the responsibility as an operator under Article 3.