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(영문) 부산지방법원 2017.07.07 2016나54657

구상금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order of additional payment shall be revoked.

Reasons

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On March 30, 2015, at around 13:30, 2015, C driving the Plaintiff’s vehicle and changed the lane from the five-lanes to the one-lanes in the south-gu Busan Metropolitan City, the Defendant’s upper right-hand part of the Defendant’s vehicle in the first straight line and the one-hand part of the Plaintiff’s upper left-hand part of the vehicle (hereinafter “instant accident”), and as a result, C suffered injury.

C. The Plaintiff paid 55,498,290 won to C, including medical expenses of KRW 19,554,770 and agreed amount, in accordance with the terms and conditions of the automobile injury special agreement.

Meanwhile, the injury suffered by C due to the instant accident falls under class 4 of the injury grade as stipulated in attached Table 1 of Article 3(1)2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (hereinafter “Self-Governing Act”), such as light blood transfusion, stalivosis, crym fry, crym fym fym fym fym, and fym fry, etc., and the Enforcement Decree of the same Act is 9,00,000 won.

[Ground of recognition] Unsatisfy, Gap's statements or images, and the purport of whole pleadings, as to Gap's evidence Nos. 1, 2, 4 through 22

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff, upon paying the insurance money to C, acquired the claim for the liability insurance money that C had against the Defendant under the proviso of Article 3(1)2 of the Enforcement Decree of the ABA by attracting its identity. Since the Defendant’s liability insurance amount to be paid to C falls short of the medical expenses, the Defendant’s damage amount according to the fault ratio of the Defendant’s vehicle falls short of the medical expenses, and thus, the Defendant is obligated to pay the Plaintiff the medical expenses KRW 19,554,770 and the delay damages therefrom. (2) The Defendant’s accident of this case is the Plaintiff’s driver.