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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On March 11, 2014, at around 21:10, Nonparty C, while driving a vehicle owned by Nonparty D (hereinafter “this case”) in a drinking condition, was killed due to Nonparty C’s shocking Nonparty C, his/her assistant, who was walking over the median line, while driving the vehicle in front of the Sejong-si Felra, while driving the vehicle in a one-lane manner. (hereinafter “the instant accident”).
B. Although the instant sea-related vehicle purchased a comprehensive insurance policy for the non-party Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tropic fire”), the condition is “one non-party registered under 48 years of age or older special agreement for limited driving,” the instant accident caused C was an accident by non-insurance vehicle.
C. The Plaintiff A entered into a comprehensive automobile insurance contract (hereinafter “each of the instant automobile insurance contracts”) with the Defendant with respect to his own H-to-turged vehicle, and I-to-cracked vehicle.
The Plaintiffs claimed 379,984,000 won for damages on account of the instant accident against Defendant, C, and D (i.e., funeral expenses of KRW 294,984,000 for lost income of KRW 5,000 for consolation money of KRW 80,000 for consolation money of KRW 29,984,00 for lost income).
E. On April 8, 2014, the Plaintiffs received insurance money of KRW 300,493,140 from the Defendant, and the Defendant received KRW 100 million from Samsung Fire.
F. Meanwhile, the Defendant received a decision of provisional seizure (the amount of KRW 100,000,000) by the Suwon District Court 2014Kadan2320 on April 14, 2014 as to the instant real estate owned D, and completed a provisional seizure registration on April 14, 2014 (hereinafter “provisional seizure”), and the Plaintiffs also received a decision of provisional seizure (the amount of KRW 30,000,000) by the Daejeon District Court 2014Kadan2148, and completed the provisional seizure registration on April 25, 2014.
(G) On May 2, 2014, the Plaintiffs agreed on May 2, 2014, as follows (hereinafter “instant agreement”). The Plaintiffs agreed on May 2, 2014 regarding the damages on D and the instant accident (hereinafter “instant agreement”).
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