1. The Defendants jointly share KRW 143,388,070 with respect to the Plaintiff and the period from October 19, 2018 to January 31, 2019.

Basic Facts

The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with E with respect to the F vehicle owned by it.

The above automobile insurance contract includes a security agreement to pay insurance money within the limit of 200,000,000 won as stipulated in the terms and conditions in cases where the insured or his/her family members are liable to compensate for the damage caused by an accident occurred due to an automobile without insurance (hereinafter “instant non-insurance accident security agreement”).

Defendant D, around 02:35 on September 22, 2017, while driving a G K5 car owned by the Defendants (hereinafter “instant vehicle”) and driving in front of H at the time of Gyeongsan, Defendant D shocked to I crossing the crosswalk, and due to which I suffered injury.

(hereinafter “instant accident.” The instant vehicle is only covered by liability insurance at the time of the instant accident, and constitutes “non-insurance motor vehicle” under the instant non-insurance agreement.

Until October 19, 2018 after the instant accident occurred, the Plaintiff: (a) determined I’s negligence as 25% with respect to the damage caused by the instant accident to I; (b) paid KRW 181,38,070,000, excluding the said negligence among the I’s damage; and (c) returned KRW 38,000,000 from the liability insurance company of the instant vehicle.

[Reasons] Fact that there is no dispute, Gap evidence Nos. 1 through 6 (including branch numbers), and if there is a person liable to compensate for the loss caused by the insured's non-insurance accident caused by an accident caused by an non-insurance vehicle, the insurer is a non-insurance type accident insurance with the nature as an accident insurance together with the nature as an accident insurance, and Article 729 of the Commercial Act is Article 729 of the Commercial Act.