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(영문) 서울중앙지방법원 2015.10.16 2015나14722

손해배상(자) 등

Text

1. Of the judgment of the court of first instance, KRW 31,916,710 against the Plaintiff and its related thereto from May 16, 2009 to October 16, 2015.

Reasons

1. The court's explanation concerning this part of the liability for damages is the same as the corresponding part of the judgment of the court of first instance. Thus, it is citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant's liability to pay the insurance proceeds

A. The court's explanation on this part of the amount of actual damage is identical to the statement from 5th to 7th 15th 15 of the judgment of the court of first instance. Thus, this part of the court's explanation is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. It is reasonable to interpret Article 3(2)2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act, which provides for the method of calculating liability insurance proceeds in cases of a disability inflicted on a person who sustained an injury due to the same accident as that of the defendant according to the method of calculating liability insurance proceeds, to mean that the sum of the injury insurance proceeds calculated pursuant to Article 3(1)2 of the Enforcement Decree and the subsequent disability insurance proceeds calculated pursuant to Article 3(1)3 of the Enforcement Decree shall not be limited to the sum of the maximum amount under Article 3(1)2 and Article 3(1)3 of the Enforcement Decree, but shall not be limited

(2) In the case of this case, the Plaintiff: (a) falls under class 5 of the injury grade specified in attached Table 1 of the Enforcement Decree and class 7 of the disability grade specified in attached Table 2 of the Enforcement Decree; (b) the maximum amount of insurance money for class 5 of the injury grade is KRW 9,000,000; and (c) the maximum amount of insurance money for class 7 of the disability grade is KRW 40,00,000; and (d) the maximum amount of insurance money for class 7 of the injury grade is KRW 23,837,148 [Attachment 23,837,148 [Attachment 6,909,184 [Attachment 1 to 5] from the date of the accident to the date of hospitalization for the treatment of injury (hereinafter referred to as “the date of the accident”) and KRW 4,547,631 of the actual income indicated in attached Table 1 for the calculation of damages; and (d) the Plaintiff’s amount of insurance money for treatment exceeding KRW 9,300,300,300,3000.