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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Reasons
1. The Plaintiff entered into a comprehensive motor vehicle insurance contract with B as to his/her own C motor vehicle, and the said contract includes a non-life insurance special agreement.
The defendant is a driver and owner of the D's vehicle that was not covered by the comprehensive automobile insurance and liability insurance (hereinafter referred to as "the instant vehicle").
E, while purchasing line machinery (2 tons) from B, leased the instant vehicle driven by the Defendant in order to repair the machinery loaded by B on the truck.
On January 11, 2014, the Defendant: (a) operated the said vehicle in front of the plastic warehouse owned by E located in F in Namyang-si, Namyang-si, and completed the operation of the said vehicle from B’s truck to the bottom in accordance with B’s receipt and instruction; (b) the Defendant, upon the request of E, made two parts of the lower part of the lower part of the vehicle to move to the lower part of the lower part to the lower part of the lower part of the vehicle, which was 30:50 centimeters away from the lower part of the lower part of the vessel to the left part of the lower part of the lower part of the vessel to the lower part of the lower part of the vessel (hereinafter “instant accident”).
Due to the instant accident, B suffered from injury, such as non-furnal salone, salone’s bones, salone’s bones, salone’s charnel, etc., and was hospitalized for 94 days in total and for 155 days in total from January 11, 2014 to April 14, 2014.
B claimed insurance money from February 3, 2014 to June 9, 2015, the Plaintiff paid total of KRW 14,500,000 to the Plaintiff with the agreed amount of KRW 17,501,60,000 for medical treatment expenses for B from February 3, 2014 to June 9, 2015.
The basis for calculation of the above 14,00,000 won (the insured's negligence shall be calculated as 10%) is as follows, and the insured motor vehicle is not covered under the insurance contract of this case.