구상금
The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).
B. At around 12:50 on November 9, 2019, the Plaintiff’s vehicle was driven along one-lane of the two-lane of the horizontal distance distance distance distance from the front intersection of the Plaintiff’s vehicle, and the left-hand side of the Defendant’s vehicle parked on the same road as the front side of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
According to the consolidated statement of medical expenses of the Health Insurance Review and Assessment Service, E, which driven the Plaintiff’s vehicle due to the instant accident, suffered from an injury to the climatic and tensions, and this constitutes “vertebrate salt” as stipulated in attached Table 1 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (hereinafter “The Automobile Accident Compensation Act”).
On November 21, 2019, the Plaintiff paid KRW 1,700,00 (=the amount of damages for business suspension of KRW 1,00,000 for injury data of KRW 150,00,000 for future treatment expenses of KRW 517,250 for future treatment expenses of KRW 1,718,380 for medical treatment expenses (=the amount of KRW 50,460 paid on December 17, 2019) as insurance proceeds, and paid KRW 3,418,380 for total amount of KRW 50,460 for medical treatment expenses of KRW 1,67,920 for December 18, 2019).
(hereinafter referred to as “the instant insurance proceeds”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 10, Eul evidence 1, 2, and 3, and the purport of the whole pleadings.
2. The parties' assertion
A. Since the Plaintiff’s Defendant’s vehicle was negligent in parking illegally in a zone where parking and stopping is prohibited, the instant accident occurred by the negligence between the Plaintiff’s vehicle and the Defendant’s vehicle.
However, if the amount of damages remaining after offsetting the victim's negligence falls short of the medical expenses, the amount equivalent to the medical expenses can be compensated. Thus, the defendant shall be reimbursed to the plaintiff 2,235,630 won including the medical expenses and future medical expenses out of the insurance proceeds of this case.