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1. Defendant A and B jointly share KRW 26,88,060 to the Plaintiff, as well as the year from May 21, 2016 to April 13, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer for C vehicle (hereinafter “Plaintiff”), and the Defendant Eastern Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Company”) is an insurer who concluded an automobile insurance contract for D vehicle (hereinafter “Defendant vehicle”) with respect to the light luminous car company (hereinafter “Defendant vehicle”).
B. On February 5, 2016, Defendant B entered into a lease agreement with a limited liability company, stipulating that Defendant B shall lease Defendant B’s vehicle from February 5, 2016 to May 4, 2016, by setting the period from February 16:00 to May 16:00.
C. At around 09:56 on February 17, 2016, Defendant A driven the Defendant’s vehicle and operated one lane among the four-lanes of the Young-dong Highway in Ansan-si, Yandong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong. The lower part of the Plaintiff’s vehicle driven earlier.
(hereinafter “instant accident”). D.
As the insurer of the Plaintiff’s vehicle, the Plaintiff paid KRW 26,88,060 to the Plaintiff’s insurer for damages incurred in relation to the Plaintiff’s vehicle by May 20, 2016.
【Ground for Recognition: Each entry of evidence Nos. 1 through 7-1, and the purport of the whole pleadings】
2. Determination
A. According to the facts of recognition as to the claim against Defendant A and B, Defendant A is the driver of the Defendant vehicle, and Defendant B is the lessee of the Defendant vehicle, and the Defendants are liable to compensate the Plaintiff for the damages caused by the instant accident. As such, the Defendants jointly have the obligation to jointly pay to the Plaintiff the indemnity amount of KRW 26,88,060, and the damages for delay calculated at the rate of 15% per annum as prescribed by the Civil Act from May 21, 2016 to April 13, 2017, the date of the final delivery of the copy of the instant complaint, from May 21, 2016 to April 13, 2017, and from the next day to the date of full payment.
B. The Plaintiff’s claim against the Defendant Company is determined by Article 3 of the Guarantee of Automobile Accident Compensation Act.