The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On August 01, 2016, at around 07:40, in the vicinity of the Highway 2,000, C was driving the E-vehicle (hereinafter “accident”) owned by D in the vicinity of the Highway 2,000 (hereinafter “accident”) and caused the Plaintiff, who was traveling along the accident vehicle, to suffer injury, such as an acute 2, which requires approximately 12 weeks of treatment, by towing the front part of the other vehicle driven on the front bank (hereinafter “accident”). B. The Defendant is an insurer who entered into a comprehensive automobile insurance contract with D with respect to the accident vehicle.

However, D) only allowed the transport of an accident vehicle to F while leasing it to F, and as the accident of this case occurred while C, not the lessee, while driving the accident vehicle, the Defendant is only liable for the payment of the liability insurance money under the Guarantee of Automobile Damage Compensation (hereinafter “Act on Automobile Damage”).

(c)

On the other hand, with respect to the instant accident, the Plaintiff was paid KRW 18,702,60, medical care benefits of KRW 14,934,430, and disability benefits of KRW 5,210,00 from the Labor Welfare Corporation (hereinafter “Corporation”) as a result of disaster compensation under the Industrial Accident Compensation Insurance Act.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 2 and 5, the purport of the whole pleadings

2. Summary of the parties' arguments

A. When considering the Plaintiff’s negligence as 20% and calculating the amount of damages for the instant accident, the amount of damages for excess damages of KRW 7,648,369 during the period of suspension of business and KRW 116,950,976 for lost income after the period of suspension of business, and KRW 18,702,60 for lost income after the period of suspension of business, and KRW 56,210,00 for disability benefits, are paid from the Corporation. There is no remainder when deducting the amount of temporary closure benefits from lost income during the period of suspension of business. If disability benefits are deducted from lost income after the period of suspension of business, the amount of damages for excess amount of KRW 60,740,976 (=116,950,976) - 56,210,000 for lost income shall remain.

Pursuant to Article 5 of the Act, the defendant shall pay the defendant to the plaintiff as the victim of the liability insurance.