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1. The Defendants are jointly and severally liable to the Plaintiff for 54,400,000 won and 5% per annum from August 19, 2006 to August 14, 2007.
Reasons
1. Claim against the defendant A;
A. The facts of recognition 1) Defendant A operated a vehicle owned by Defendant B on July 27, 2006, around 12:05, but did not discover the D, which walked on the crosswalk at the intersection in front of the new-dong National Bank of Korea, in order to find out, and shocked D into the front left side of the said vehicle, with the front wheels, and caused the death (hereinafter “instant accident”).
(2) The Plaintiff, as an insurer who entered into an automobile insurance contract with E, paid the death insurance amount of KRW 258,400,000 in total on August 18, 2006 with respect to the foregoing accident to D, the insured of the said insurance contract.
3) The Plaintiff filed an application against the Defendants for the payment order for the claim for reimbursement amount of Daejeon District Court 2007 tea7728. The Plaintiff filed the instant lawsuit on July 31, 2007, stating that “The Defendants jointly and severally filed the instant lawsuit on August 19, 2006 with the Plaintiff for the extension of the extinctive prescription period of the claim for reimbursement amount of KRW 69,200,000 and the amount calculated at the rate of 5% per annum from August 14, 2007 to the date of final delivery of the original original copy of the payment order, and 20% per annum from the next day to the date of full payment.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
B. According to the above facts finding as to the cause of the claim, the plaintiff is obligated to pay to the plaintiff 54,40,000 won and 5% per annum from August 19, 2006 to August 14, 2007 and 20% per annum from the following day to the date of full payment, as the plaintiff seeks to have received a certain amount after the above payment order became final and conclusive.
C. As to the Defendant’s assertion, Defendant A filed an application for bankruptcy and immunity with the Daejeon District Court 2010 1265, 2010Hadan1265, and was granted immunity on July 24, 2012, and the aforementioned exemption exemption was granted at the time of the said exemption exemption.