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Defendant C and E jointly share the Plaintiff KRW 51,459,570, and Defendant C from April 13, 2018 to January 10, 2020.
Reasons
Basic Facts
A. Defendant D is a person registered as the owner of a F Two-wheeled Automobile (hereinafter “instant accident vehicle”); Defendant E is a child of Defendant D, who operates a delivery agency with the trade name “G” from March 2015; Defendant C is a person working for the said delivery agency.
B. On February 18, 2016, Defendant C driven the instant vehicle on February 18, 2016, driven the instant vehicle to drive an I restaurant located in H in Busan Metropolitan City from the private monthly distance to the J Hospital, and Defendant C shocked K crossinging the instant vehicle to the right side from the left side of the proceeding direction (hereinafter “victim”).
(hereinafter “the instant accident”). The instant accident suffered injury, such as the closure of the alleys requiring medical treatment for about 12 weeks.
C. The Plaintiff was an insurer who entered into an automobile comprehensive insurance contract with the victim, which contains a special agreement on accident security by each non-insurance motor vehicle (hereinafter “each of the instant insurance contracts”) with respect to LA vehicles and M (N prior to the change) owned by the victim. From March 24, 2016 to April 12, 2018, the Plaintiff paid KRW 117,534,610 in total to the victim’s hospital treatment fees and agreed amount, etc. under the insurance contract with respect to LA vehicles.
The Plaintiff received 40,000,000 won for indemnity from the O Co., Ltd. which entered into a liability insurance contract for the instant accident vehicle, including the victim’s non-insurance contract with P as the insured by the victim, and received 26,075,040 won for indemnity from Q Co., Ltd. which entered into an automobile insurance contract with the victim, and treated 26,075,040 won for indemnity based on the insurance contract for MM between the Plaintiff and the victim.
[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1 to 27, Eul evidence 3 and 8 (including each number; hereinafter the same shall apply) and images, and the Busan Police Station of this Court.