구상금
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
3. The judgment of the court of first instance is ordered.
1. The court's explanation concerning this case is consistent with the reasoning of the judgment of the court of first instance other than the following, on the grounds that "the aggregate of the limits on liability insurance proceeds" in the text of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, whether to aggregate the limits on liability insurance proceeds as stated in the main sentence of Article 420 of the Civil Procedure Act shall be accepted as it is. 2) Whether to include the limits on liability insurance proceeds as stated in the main sentence of Article 420 of the Civil Procedure Act shall be determined as follows. The plaintiff asserts that "the injured person has a disability with a disability", "the degree of injury, and the degree of disability grade," and that the amount of damages incurred to the injured person may be claimed within the scope of the sum of each limit, without distinguishing the limits on liability
Article 3(1) of the former Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (amended by Presidential Decree No. 24065, Aug. 22, 2012; hereinafter “former Enforcement Decree”) provides that the amount of insurance money or mutual aid money (hereinafter “liability insurance money”) to be paid per victim by liability insurance or liability mutual aid to be purchased by a motor vehicle owner under the Guarantee of Automobile Accident Compensation Act shall be the amount of damage incurred by the victim within the scope of the amount prescribed in attached Table 1 (Attachment Table 1) in the case of the victim’s injury. If any further treatment effect cannot be expected after the treatment of the injury was completed, and the physical disability (hereinafter “aftermath disability”) is caused by the occurrence of the injury under the fixed symptoms, the sum of the amounts prescribed in subparagraphs 2 and 3 of paragraph (1) shall be paid within the scope of the amount prescribed in attached Table 2. Meanwhile, where a person who sustained the injury suffers after disability, the sum of the amounts prescribed in subparagraphs 2 and 3 of paragraph (2) shall be paid.
As such, the text of Article 3(2)2 of the former Enforcement Decree is relatively clear.