1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

1. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C vehicle (attached Form 5-1; hereinafter “Plaintiff vehicle”). The Defendant is a mutual aid business entity who has entered into an automobile mutual aid contract with respect to D vehicle (attached Form 5-2; hereinafter “Defendant vehicle”).

Plaintiff

On February 26, 2017, around 04:35, the vehicle turned straight along the three-lanes of the three-lane road in the vicinity of Seongdong-gu Seoul, Seongdong-gu, Seoul, along the two-lanes of the three-lanes of the three-lane road, and the back part of the Defendant vehicle, which was stopped, was shocked by the front part of the Plaintiff vehicle.

(hereinafter “instant accident”). The driver of the Plaintiff’s vehicle E suffered from injury, such as the so-called batching to the right-side batch, and other ples and scarkes, due to the instant accident, and the Plaintiff paid KRW 11,678,620 to E as medical expenses until May 10, 2017.

On September 4, 2017, the FF Committee decided that the negligence of the driver of the Plaintiff’s vehicle and the driver of the Defendant’s vehicle was 80:20.

The provisions of the automobile mutual aid agreement of the defendant in relation to the instant case are as follows:

Article 10. (1) In the calculation of the mutual aid money, the Mutual Aid Fund shall be paid to the following extent after deducting the amount of mutual aid from the sum of the amounts calculated according to the standards for the payment of mutual aid money and the "expenses" of this standardized contract.

Product Description Payment Criteria

1. Fruits offsetting;

A. (1) The method of offsetting negligence (1) set-off according to the rate of fault on the part of the injured party with respect to the amount withdrawn pursuant to the Personal Compensation I, the Personal Compensation II, and the Personal Compensation Act. (2) In the case of the death mutual-aid amount under the Personal Compensation I, the death mutual-aid amount under the Personal Compensation I shall be compensated for 20 million won if the amount is below 20 million won after offsetting under the above (1). In the case of the injury mutual-aid amount, if the amount after offsetting under the above (1) is less than the sum of the treatment relation and nursing expenses, the treatment relation expenses (including the patient meals) shall be included.