Text
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer that entered into an automobile insurance contract with respect to the government-guaranteed business operators and C vehicles owned by B (hereinafter “Plaintiff vehicle”).
Defendant ABS Co., Ltd. is the owner of the D vehicle (hereinafter “Defendant vehicle”), and did not subscribe to the said vehicle's comprehensive automobile insurance.
B. On November 9, 2013, around 06:20 on November 9, 2013, the Plaintiff’s vehicle was in the atmosphere of signaling at the west by the southwest-gu Seoul metropolitan area along the southwest-gu Gyeong-gu Gyeong-gu.
However, the Defendant’s vehicle shocked the Plaintiff’s vehicle in the atmosphere of the signal as above.
(hereinafter “instant accident”). C.
At the time, the plaintiff's vehicle was driven by B, and E was accompanied by it.
Defendant A was driving by Defendant A. D.
On the other hand, due to the instant accident, the Plaintiff’s vehicle was damaged to the extent of repair cost equivalent to KRW 1,080,000, and the Plaintiff paid insurance money equivalent to the said money on November 15, 2013.
After the accident of this case, B was diagnosed by the F Hospital as being affected by brain-dead, salvinitis, salinitis, salinitis, salinitis, and right-hand salin, and E as being affected by brain-dead, salinitis, salinitis, and salinitis, respectively, which require treatment for about two weeks.
E. Accordingly, B received treatment as shown in the attached Table 1, and the Plaintiff paid B the insurance proceeds of KRW 7,345,920 in total with medical expenses and the amount agreed upon (i.e., medical expenses of KRW 3,745,920).
E also received treatment as shown in the attached Table 2, and the Plaintiff paid E insurance proceeds of KRW 5,820,960 in total with medical expenses and agreed amount (=the amount of KRW 2,220,960 in total).
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 14 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant’s vehicle, and the Plaintiff is the Plaintiff.