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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).
B. On February 14, 2018, at around 22:18, the Plaintiff’s vehicle conflicts with the Defendant’s vehicle that was going to the right side on the left side of the direction of the Plaintiff’s vehicle while bypassing at a Twit intersection where there is no front signal, etc. in the Gwangju Mine-gu E. In the process, the Plaintiff’s vehicle driver G, passenger H, and I suffered each injury in the process.
(hereinafter referred to as “instant accident”). C.
The Plaintiff and the Defendant agreed to the rate of fault of the instant accident: 80%: 20%; and the Plaintiff paid the insurance proceeds to the Plaintiff’s driver G, H, and I (hereinafter “victims”) by March 16, 2018 according to the Special Agreement on the Guarantee of Automobile Injury.
GH 1,590,820 Won 1,476,180 Won 1,319,090 Won 4,386,090 Won 854,250 Won 846,250 Won 2,445,070 Won 2,422,430 Won 1,469,090 Won 6,236,590 Won 590 Won
D. Meanwhile, on March 30, 2018, the Defendant paid KRW 1,958,290 in relation to the instant accident to the Plaintiff (i.e., G 1,200,00 won KRW 464,480 KRW 1293,810). In relation to G, KRW 1,200,00 paid in relation to G is the maximum amount of liability insurance under attached Table 1 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (Article 12 class 3), and the amount paid in relation to H and I is equivalent to the percentage of the Defendant’s driver’s fault (20%) of the insurance money (the agreement on medical expenses) paid by the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of whole pleadings
2. Judgment on the plaintiff's claim
A. The plaintiff's assertion is that the defendant is obligated to compensate for the total amount of KRW 4,386,090 for medical expenses of the victims pursuant to the proviso to Article 3 (1) 2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act. Thus, the defendant's claim for damages against