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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.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with C with respect to Dunst vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who entered into an automobile mutual aid agreement with C in relation to the FModern Scer truck (hereinafter “Defendant”).
B. At around 03:40 on July 10, 2015, A driven a 20-lane 3-lane at the entrance of the roof bridge located in the Jung-gu Incheon Metropolitan City, along the two-lanes, the following part of the Plaintiff’s vehicle parked in the three-lanes from the front part of the Lone Star’s seat (hereinafter “the first accident”) while driving the Defendant’s vehicle parked in the three-lanes as the front part of the Lone Star’s seat (hereinafter “the second accident”). Furthermore, the latter part of the Defendant’s vehicle parked in the three-lanes as the front part of the Lone Star’s seat (hereinafter “the second accident”).
(hereinafter referred to as the “instant accident”). Due to this accident, A suffered bodily injury, such as Haban, etc. due to a scarcity, etc.
C. On April 28, 2016, A filed a lawsuit against the Plaintiff for damages on the ground of the instant accident, Seoul Western District Court 2016Kadan216697, Nov. 7, 2017, the said court rendered a judgment in favor of the Plaintiff (hereinafter “related judgment”), stating that “The Plaintiff shall pay the Plaintiff KRW 113,475,630, and the amount calculated at the rate of 5% per annum from July 10, 2015 to November 7, 2017, and the amount of money calculated at the rate of 15% per annum from the next day to the day of full payment” (hereinafter “related case”), and that the related judgment in the instant case became final and conclusive on November 23, 2017.
During the period from September 21, 2015 to March 7, 2017, the Plaintiff: (a) 136,387,830 won for the treatment expenses of A; and (b) 263,90,240 won for the principal and interest of the relevant case to A on November 24, 2017; and (c) 127,512,410 won for the relevant case.