1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a taxi driver who operates C vehicle.

At around 22:00 on July 15, 2017, the Defendant was boarding a taxi operated by the Plaintiff in the vicinity of the shooting distance in Yongsan-gu, Daegu-gu, Seo-gu, and was getting down at the vicinity of the building in Daegu-gu.

B. The Plaintiff driven a taxi even though the Defendant paid taxi expenses and she was in a state between the back door of the taxi and the taxi that was opened to be unloaded from the taxi. The Defendant attached a chief light, etc. and moved approximately KRW 2.5 meters to the taxi.

C. As above, the Defendant reported the occurrence of a traffic accident to the Daegu Seo-gu Police Station on the ground that the Plaintiff first started in the course of getting off or getting off a taxi operated by the Plaintiff and suffered bodily injury, such as spatitis.

On the other hand, on October 31, 2017, the E-mutual aid association (Tgu Branch) which entered into a mutual aid agreement with the Plaintiff on the said vehicle, paid KRW 2,500,000 to the Defendant as insurance money due to the above accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and evidence 6, and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment thereon

A. The plaintiff asserted that the defendant was proceeding slowly between the back of an open taxi and the taxi, but the defendant was not dismissed in the process.

In spite of the fact that the defendant was involved in a traffic accident, the defendant received KRW 2,500,000 insurance money from the E-mutual aid association to which the plaintiff joined.

The defendant is obligated to compensate the plaintiff for the amount of 2,039,700 won equivalent to the increase in the deduction amount, since the plaintiff has increased the deduction amount to be borne by E Financial Cooperative due to the defendant's illegal insurance payment.

B. We examine the judgment, the fact that the plaintiff started and proceeds from the taxi while the defendant is in a situation between the back of an open taxi and the taxi is as seen earlier, and the evidence and the purport of the entire arguments are comprehensively considered.