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1. The Defendant’s KRW 6,204,270 as well as 5% per annum from April 12, 2019 to July 7, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract (hereinafter “instant insurance contract”) with respect to Drocketing and other automobiles owned by C (hereinafter “Plaintiff vehicles”).
B. On October 6, 2015, at around 02:28, the Defendant: (a) driven an off-to-land without a number plate (hereinafter “Defendant Oba”); and (b) driven a three-lane road near the Seoul metropolitan E-gu from the marsan basin to the network of tele-sloping distance; (b) entered the above place to the intersection of the Jinnam-gu Intersection; and (c) there was an accident that conflicts with the Plaintiff’s vehicle that entered the above intersection along the upper right side of the running direction connected to the said intersection and proceeded to the above intersection (hereinafter “instant accident”).
C. Due to the instant accident, the Defendant suffered double ridges, etc., and among the Defendant Oral Roba’s winners, F was involved in side frying of credit ties, double pelkes, brain damage, etc., and G died.
Meanwhile, the Defendant and F requested the Plaintiff to pay the automobile insurance advance payment, and the Plaintiff paid KRW 6,204,270, and KRW 48,270,270, respectively, to the Defendant as a result of the instant accident from December 24, 2015 to January 26, 2016, respectively, for the period from November 16, 2015 to October 26, 2018.
E. Since then, the Plaintiff filed a lawsuit against the Defendant, F, etc. claiming that “the instant accident was caused by the Defendant’s total negligence, and the Plaintiff’s driver’s negligence with respect to the said accident did not exist,” and that the Seoul Northern District Court (Seoul Northern District Court Decision 2015Kadan144331) sought confirmation of the absence of an obligation to pay insurance money based on the instant insurance contract (hereinafter “related case”). On December 31, 2017, the said court rendered a favorable judgment in favor of the Plaintiff that “the Plaintiff’s obligation to pay insurance money to the Defendant and F, based on the instant insurance contract, did not exist,” and F.