손해배상(자)
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Basic facts
A. The Plaintiff is a person who drives a D-Ba car (hereinafter “Plaintiff”), and the Defendant is a person who shares E-7 vehicle (hereinafter “Defendant vehicle”) with the co-Defendant C in the first instance trial.
B. Around 02:50 on February 26, 2015, F driving the Defendant vehicle was negligent in proceeding in violation of the signal even though it was a red signal while driving the full speed of the Defendant vehicle at the front section of the Defendant vehicle, which is facing the front section of the Defendant vehicle, due to a normal signal from the air room in the city to the front section of the Defendant vehicle, due to the shock of the front section of the Plaintiff vehicle, in need of approximately 8 weeks of medical treatment, and thereby causing injury, such as a 6 thaleculation, etc., to the Plaintiff.
(hereinafter “instant accident”). C.
F was sentenced to a fine of KRW 7,00,000 in the case of violation of the horizontal Housing Site Board 2015 high-level 486 of the Road Traffic Act and the Act on Special Cases concerning the Settlement of Traffic Accidents due to the instant accident.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. Determination as to the cause of action
A. According to the above facts, according to the Guarantee of Automobile Accident Compensation Act, the Defendant is liable to compensate the Plaintiff for the damages arising from the instant accident, along with the co-defendant C of the first instance trial, as the operator of the Defendant vehicle under the Guarantee of Automobile Accident Compensation Act.
B. According to the statement in the evidence No. 9-1 to No. 7, the Plaintiff’s reimbursement of KRW 191,030 for the instant accident may be acknowledged. Furthermore, the Plaintiff asserted that the Plaintiff spent the medical expenses of KRW 110,300 for the instant accident on September 20, 2016, but it is insufficient to recognize that the statement in the evidence No. 14-1 and No. 14-2 was for the treatment of the injury caused by the instant accident, and there is no other evidence to prove otherwise. Accordingly, the Plaintiff’s allegation in the part of the medical expenses is reasonable within the limit of KRW 191,030 for the future medical expenses.