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(영문) 서울남부지방법원 2017.02.15 2016나52987

손해배상(자)

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

The reasoning for the court's explanation of this case is as follows. The court's explanation of this case is that the second 13th 13th 13th 2th 17th 5th 17th 5th 17th 17th 17th 17th 200 2th 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 3th 2nd 2nd 2nd 2nd 2nd 2nd 3th 2nd 2nd 2nd 3th 11st 15th 17 and 12th 2nd 2nd 2nd 3th 2nd 3th 2nd 2nd 3th 2nd 3th 2nd 2nd 2nd 3th 2nd 3th 2nd 3th 3th 20

Part of the decision of the court of first instance which has been written from 15 to 17 of the decision of the court of first instance

I. The part of the judgment of the court of the first instance, which used the consolation money of 13,00,000 won and less than the 12th of the judgment in consideration of all the circumstances shown in the arguments of the case, such as the circumstance of the accident of this case, the plaintiff's age, the part of the injury and the degree, and the progress of treatment

(j) The insurer’s liability for compensation under Article 3 of the Guarantee of Automobile Accident Compensation Act covers all of the legal losses in proximate causal relation with the accident. In the case of an accident involving death, the damage subject to compensation includes both active damages, such as medical expenses, and passive and psychological damages such as lost income.

In full view of the provisions of Article 11(1) and (3) of the Guarantee of Automobile Accident Compensation Act, Article 10(1) of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act, etc., it is reasonable to view that advance payment made by an insurance company, etc. to a victim shall have the effect of payment for

(Supreme Court Decision 2013Da42755 Decided October 11, 2013). If so, KRW 13,912,104 exceeding property damages out of advance payment of damages that the Defendant paid to the Plaintiff ought to be deducted from KRW 13,00,000.