beta
Text
1. The Defendants jointly share KRW 42,889,230 with respect to the Plaintiff and 5% per annum from March 14, 2017 to February 13, 2018.
Reasons
Facts of recognition
The Plaintiff is an insurer who has entered into an automobile insurance contract (hereinafter “instant insurance contract”) with C (hereinafter “Plaintiff”) including an injury-free vehicle insurance contract, and D is the insured under the said insurance contract, and the Defendant A is the owner of the E vehicle (hereinafter “Defendant”).
Defendant B, at around 22:10 on October 3, 2015, driven the Defendant’s vehicle and driven the Defendant’s vehicle in contravention of the signal signal at the front of the tri-distance apartment in front of the domindong-dong, Seo-dong, and shocked the Da where the pedestrian was dried, and thereby, Defendant B sustained the injury.
(A) The Plaintiff paid D totaling KRW 122,889,230,000,000 from the KB Damage Insurance Co., Ltd., the liability insurer of the Defendant’s vehicle, in accordance with the instant insurance contract from November 5, 2015 to March 13, 2017, for medical expenses, agreement, etc., and returned KRW 70,00,00 from the KB Damage Insurance Co., Ltd., the liability insurer of the Defendant vehicle, until April 10, 2017.
(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 4 (including each number), the purport of the whole pleadings.
The Plaintiff’s assertion by the Plaintiff acquired rights against the Defendants of the victim under Article 682 of the Commercial Act. As such, the Defendants are obliged to pay the Plaintiff the amount of KRW 52,889,230, which remains after deducting the amount of KRW 70,000 returned from the amount of KRW 122,889,230, which was paid by the Plaintiff.
The Defendants paid to D the agreed amount of KRW 10 million (hereinafter “instant agreed amount”), and thus, the said KRW 10 million should be deducted from the agreed amount to be paid to the Plaintiff.
Judgment
According to the facts acknowledged prior to the Defendants’ liability, the Defendants are liable for tort liability against D, and the insurance money paid by the Plaintiff to D.