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1. The Defendant’s KRW 35,064,465 and its related KRW 5% per annum from January 1, 2015 to January 19, 2017, and the next day.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a comprehensive automobile insurance contract with Nonparty B on the part of Nonparty C, and entered into a non-insured automobile accident security agreement and a special agreement on the self-vehicle damage security agreement.
B. On June 4, 2013, around 12:30 on June 4, 2013, the Defendant transported elevator materials to the construction site at the location of Yangcheon-gu Seoul E-Ba Construction site.
In this case, the upper right-hand side of the road of this case, which is not divided into vehicular road and Indian road, was shocked by the mother F's bridge of this case.
C. The instant car does not constitute a construction machinery under the Construction Machinery Management Act or a motor vehicle subject to the Guarantee of Automobile Accident Compensation Act.
Non-party ELI Co., Ltd. (hereinafter “ELI”) paid insurance money to F in accordance with the insurance contract concluded with G with respect to non-insurance vehicles owned by it and the special agreement on the coverage for self-motor vehicle loss. The non-party ELI agreed that the amount of 52,125,370 won already paid for the pre-paid medical expenses, 1,80,000 won for the post-paid medical expenses, 27,44850 won for the future medical expenses, 12,913,012 won for the first time calculated at the rate of 59.96% for the twelve months from the date of the accident, 12,913,012 won for the first time, consolation money, 16,78,800 won for the victim’s negligence set off 10% for the victim’s total insurance proceeds.
In addition, according to the additional payment of KRW 1,600,220, which is less than KRW 1800,000 included in the plan for subsequent payment, the total amount of KRW 99,725,590 was paid as insurance money.
E. The Plaintiff claimed 50% of the total sum of the insurance proceeds and incidental expenses that the ELI insurance paid to F as a contribution, and claimed KRW 40,024,570 on April 30, 2014, and KRW 4,750,00 on September 30, 2014, and KRW 52,374,750 on December 31, 2014, but received KRW 2,49,430 on July 30, 2015 to return KRW 49,875,315 on July 30, 2015, and shared KRW 49,875,315 on September 18, 2015.