손해배상(기)
Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance (the argument that the defendant's liability ratio in this case should not be less than 30% but not less than 50%) are not significantly different from the allegations in the court of first instance, and the plaintiff's assertion and submitted evidence are examined closely, and the fact-finding and decision of the court of first instance on this part are justified
Therefore, the reasoning of this court’s reasoning in this case is as follows, except that the part of the judgment of the court of first instance regarding the defendant’s incidental appeal is written as to the defendant’s incidental appeal, and thus, the judgment of the court of first instance is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. On the fourth 20th 20th 20 of the judgment of the court of first instance, “2,05,69,478 won” (i.e., 1,351,430,109 won movable property of KRW 600,000,000, KRW 49,269, KRW 500,000, KRW 50,000 for business suspension damage of KRW 50,000 for business suspension of KRW 1,351,430, KRW 430,09) shall be applied.
Part 8 of the judgment of the court of first instance, from 19 to 9, shall be added as follows.
A person shall be appointed.
C. 1) In the event that an insured event of a non-life insurance is at the same time committed a tort or a third party liable for damages due to nonperformance, and the insured claims damages against the insured, the insurance money received from the insurer under the non-life insurance contract has the nature of a quid pro quo of the insurance premium paid by the insurer up to the time against the occurrence of the insured event, which is separate from the third party’s liability for damages. Therefore, it should not be deducted from the amount of its liability for damages.
Therefore, the above insured may claim against the third party for the performance of his liability to compensate for the remaining damages without compensating for the insurance money received from the insurer (However, the liability within the limited scope by negligence offsetting, etc. is limited. Hereinafter the same). The whole.