손해배상(기)
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 22,88,123 as well as to the plaintiff on July 7, 2015.
1. As to this case, the court shall accept the reasoning of the judgment of the first instance as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, on the ground that the part of the fourth to fifth to nine of the judgment of the first instance is identical to the reasoning of the judgment of the first instance except for the second to nine.
2. The part to be mard;
Total amount of property damages: 12,88,123 won
F. Consideration 1) Reasons for consolation money: All circumstances shown in the pleadings of the instant case, including the developments leading up to the instant accident, the circumstances after the occurrence of the instant accident, the Plaintiff’s age, occupation, and criminal agreement amount of KRW 50,000: KRW 40,000,000
(g) It is reasonable to view that the provisional payment of damages paid by an insurance company that deducts the provisional payment of damages to a victim shall have the effect of paying the entire liability for damages caused by an accident, except in extenuating circumstances.
(See Supreme Court Decision 2013Da42755 Decided October 11, 2013). Therefore, it is reasonable to deem that the Defendant’s provisional payment 30,000,000, which was paid on January 24, 2017 by the Defendant, effective against the Plaintiff’s entire obligation to compensate for damages arising out of the instant accident, as the Plaintiff’s damages amounting to KRW 52,888,123 (=property damages amounting to KRW 12,88,123 KRW 40,000 (property damages amounting to KRW 12,88,123 KRW 40,00,000) is the damages amount to be paid additionally by the Defendant (= damages amounting to KRW 52,88,123 won).
H. Accordingly, the Defendant is obligated to pay to the Plaintiff 22,88,123 won and damages for delay calculated at the rate of 5% per annum under the Civil Act from July 7, 2015, which is the date of the instant accident to October 11, 2019, which is the date of the judgment of an appellate court, to the date of the determination of a reasonable appellate court, to the date of the determination of the existence or scope of the obligation, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
“”
3. Accordingly, the plaintiff's claim of this case is justified within the scope of the above recognition.