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1. The Defendant (Counterclaim Plaintiff) paid KRW 85,115,372 to the Plaintiff (Counterclaim Defendant) and its related amount from March 5, 2013 to February 13, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A’s Poter Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B’s Grand vehicle (hereinafter “Defendant vehicle”).
B. On July 2, 2008, when the accident and injury C driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle into the opposite side of the Plaintiff’s vehicle while entering the intersection where there is no signal prior to the new flag signal, etc. in front of the new flag signal, etc. in the front of the Plaintiff’s vehicle, it was received from the front side of the Plaintiff’s vehicle in front of the right side by negligence, such as not showing the front side in passing through the intersection where there is no signal prior to the new flag signal, etc. in front of the new flag signal, etc. in the front side of the new flag.
(hereinafter “instant accident”). The instant accident led to the injury of E, such as sama, which was aboard the Plaintiff’s vehicle due to the instant accident, to the injury of E, such as sama, and F, the injury of E, such as saved salt.
C. On March 22, 2012, E, its spouse, and their children (hereinafter “E”) filed a lawsuit against the Plaintiff seeking damages of KRW 2,872,02,029,344 (hereinafter “E-related lawsuit”).
Around February 19, 2013, when the plaintiff was in the process of the lawsuit related to E, the plaintiff agreed that the plaintiff had a total of KRW 1,332,623,364 on the part of E, and that E had an obligation to pay damages/insurance money, and the part of E received the remaining amount after deducting KRW 252,410,350 paid by the plaintiff from that amount, and withdrawn the lawsuit on February 19, 2013.
In relation to the instant accident, the Defendant paid the Plaintiff the said insurance money to E, and KRW 181,409,300,000,000 from March 18, 2009 to March 22, 2013.