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(영문) 부산지방법원 2015.04.09 2014나45949

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The reasoning of the court’s reasoning regarding the instant case is as follows: “Where the amount of damage calculated by subtracting an amount equivalent to the rate of one’s own fault from the medical expenses of the instant injury falls short of the amount corresponding to the medical expenses calculated in accordance with the standards for motor vehicle accident compensation under Article 15(1) of the Guarantee of Automobile Accident Compensation Act, the victim may claim the amount equivalent to the above medical expenses within the limit of the amount prescribed in Article 3(1)2 [Attachment Table 1] of the former Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (amended by Presidential Decree No. 25149, Feb. 5, 2014) as a liability insurance amount (see, e.g., Supreme Court Decision 2012Da44563, Oct. 11, 2012). The Plaintiff is entitled to exercise the said insurance claim subrogation within the limit of the amount of medical care benefits paid to the victim pursuant to the main sentence of Article 87(1) of the Industrial Accident Compensation Insurance Act (see, e.g., Supreme Court Decision 2006Da87374, Jul.

As to the instant injury, the pertinent amount of medical expenses calculated according to the standards for motor vehicle insurance medical fees under Article 15(1) of the Guarantee of Automobile Accident Compensation Act is KRW 13,35,080. As such, the amount of damages calculated by subtracting the pertinent amount from the victim’s fault ratio is KRW 1,335,080 (=13,353,080 x 10%).

Since this falls short of the amount of the above medical expenses, the defendant is obligated to pay to the victim an amount equivalent to the above medical expenses within the scope of KRW 10 million (in case of an inevitable injury or an injury performed by an internal surgery due to an internal marbation of a uniforms, and class 3 subparag. 11) as prescribed in the above [Attachment 1]. The plaintiff paid to the victim pursuant to the main sentence of Article 87(1) of the Industrial Accident Compensation Insurance Act.