1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with C for the period of time, including the date and time of the following accident, with respect to the DDamaco Cormp van (hereinafter “Plaintiff”) owned by C.

B. On March 19, 2015, around 19:32, at around 19:32, C had a collision with the Defendant boarding a bicycle on the rear side of the Plaintiff, and driving on the Plaintiff’s vehicle to the Plaintiff’s vehicle (hereinafter “instant accident”).

C. The Defendant suffered from the instant accident, such as the fact-finding flag, light flag, knee, knee, knee, knee, etc.

The Defendant received hospitalization and outpatient treatment after the instant accident, and the Plaintiff spent a total of KRW 19,560,260,000 for the treatment fertilizers.

E. The Plaintiff paid 3,648,000 won in total to the Defendant as damages.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 7, purport of whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion is liable to pay the Defendant the sum of KRW 3,460,80, 350,810,800, which is equivalent to C’s ratio of fault to KRW 70% of the amount of 4,944,000 for other property damage (8,000 per day of Tongwon x 618 days), and KRW 3,810,800 for solatium. Here, the amount equivalent to the Defendant’s fault ratio of KRW 19,560,260 for the above medical expense amounting to KRW 5,868,078,078, and advance payment for damages amounting to KRW 3,648,00 for advance payment for damages should be refunded.

However, in order to settle the dispute smoothly, the intention to pay 500,000 won is to confirm that there is no liability for damages in excess of the above amount.

B. The Defendant alleged that he had been 69 years old at the time of the instant accident, but was able to obtain income equivalent to the minimum wage while working as a caregiver, and thus, the sum of KRW 9,642,240 in 2015, KRW 16,210,560 in 2016, and KRW 9,465,610 in 2017.