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1. The Defendants jointly and severally agreed to the Plaintiff KRW 243,265,430, and 5% per annum from November 29, 2014 to October 6, 2015.
Reasons
1. Indication of claim;
A. On August 19, 2014, the Plaintiff concluded each comprehensive automobile insurance contract with C with respect to D vehicles and E vehicles.
Each of the above insurance contracts included a special clause stipulating that the insured shall pay insurance money within the limit of KRW 200 million for the excess amount when the amount of damage exceeds the amount of liability insurance when the insured died or was injured due to an accident occurred due to an non-insurance motor vehicle (including a case where the insured did not compensate for the excess amount of liability insurance) (hereinafter “special clause on non-insurance motor vehicle coverage”).
B. On August 28, 2014, at around 05:13, Defendant A driven F Vehicle in a drinking condition (hereinafter “instant accident vehicle”) and faced with the victim G (C’s spouse) who boarded a bicycle on a bicycle road while driving the F Vehicle at the center of Ansan-si, Seoul Special Metropolitan City 602-2, Dong-gu, Seoul Special Metropolitan City. As a result, G died.
(hereinafter “instant accident”). The instant accident is an accident by Defendant A’s negligence.
C. Defendant B is the owner of the instant vehicle.
The Plaintiff paid KRW 343,265,430,00 to the insured C by November 28, 2014, according to a special contract for an insured motor vehicle injury security.
By paying the above insurance money, the Plaintiff acquired the right of the insured against the Defendants pursuant to Article 682 of the Commercial Act by subrogation.
E. Meanwhile, the Plaintiff received reimbursement of KRW 100 million from Samsung Fire Marine Insurance Co., Ltd., the insurer of the instant accident vehicle.
F. Therefore, the Defendants, who are the drivers or owners of the instant vehicle, are jointly and severally liable to the Plaintiff (i.e., KRW 343,265,430 (= KRW 343,265,430 - KRW 100 million) and as sought by the Plaintiff, 5% per annum as prescribed by the Civil Act from November 29, 2014 to October 6, 2015, the date of the final delivery of the instant complaint, as the Plaintiff seeks.