손해배상(자)
1. The judgment of the court of first instance is modified as follows.
The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 40,359,610 and KRW 610.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
A. On March 17, 2016, around 08:40 on March 17, 2016, the Plaintiff driven C 2 Freight 2 Freight 3 (hereinafter “Plaintiff”) and turned to the left at the right side of the Plaintiff’s vehicle, and turned to the left at the right side of the south Cheongyang-gun, Cheongyang-gun, the lower portion on the left side of the D 2 Vehicle (hereinafter “Defendant vehicle”) of the D 2 Vehicle (hereinafter “Defendant vehicle”) opened to the right side of the Plaintiff’s vehicle in the direction of the west-gun, the lower portion on the right side of the Plaintiff vehicle.
(hereinafter “instant accident”). (b)
As a result of the instant accident, the Plaintiff suffered injuries, such as an injury to the upper left-hand pelpelle complex, the right-hand pelle and pelle, an external hemopa, a double pelle, and anallega, etc.
C. The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.
From April 14, 2016 to January 23, 2017, the Defendant paid the Plaintiff KRW 38,359,610 as medical expenses, and KRW 2,000,00 as advance payment for damages on April 14, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 11, 12, Eul evidence Nos. 1 and 2 (including each number), the video and the purport of the whole pleadings
2. The parties' assertion
A. The Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident, as the insurer of the Defendant’s vehicle, because the Plaintiff sustained the injury due to the operation of the Defendant’s vehicle.
B. Since the Defendant’s assertion that the instant accident occurred due to the Plaintiff’s total negligence, the Defendant is not liable for damages incurred to the Plaintiff due to the instant accident, and the Plaintiff shall return to the Plaintiff the sum of KRW 40,359,610 (=38,359,610 KRW 2,00,000) paid by the Defendant to the Plaintiff as unjust enrichment.
3. Determination
A. As to whether the instant accident is responsible for determining the responsibility of the instant accident, the entirety of the arguments on the evidence as seen earlier are examined.