구상금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to the AA vehicle (hereinafter “Plaintiff”). The Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the B vehicle (hereinafter “Defendant vehicle”).
B. At around 11:15 on November 11, 2016, the Defendant’s vehicle was driving on the road located in Seongbuk-gu, Sungnam-si and caused an accident that led to the shocking of the Plaintiff’s vehicle in the same direction.
(hereinafter referred to as “instant accident”). C.
Plaintiff
C, a driver of a vehicle, suffered injuries, such as salt pans, tensions, salt pans, tensions, etc., in need of two weeks of treatment, and was hospitalized for eight (8) days from November 14, 2016, and the medical expenses of KRW 928,620 were incurred.
The terms and conditions of the insurance contract of this case concerning the insurance money for self-physical accidents and subrogation of the insurer are as follows.
Article 12 (Compensation for Loss) In the Act on Self-Physical Accidents, an insurance company shall be bound to compensate for any loss incurred while the insured owns, uses, or manages an insured motor vehicle by compensating for any loss caused by any of the following accidents:
1. The types and limits of insurance proceeds that an insurance company pays under the "Self-Physical Accidents Act" shall be as follows:
2. If treatment is required as a direct result of the injury suffered by the injured, it shall be limited to the classification of injury in the “payment standards for insurance money of self-physical accidents” and the amount of insurance coverage in the table of the amount of insurance coverage by grade.
Article 16 (Calculation of Insurance Money to be Paid) (1) The insurance money to be paid for death, injury, or disability under Article 15 (Types and Limits of Insurance Money) shall be calculated in the following methods:
However, the "expenses" shall not be paid unless the "amount of deduction" occurs.
The insurance money to be paid = the actual amount of damage + the expense.