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(영문) 대법원 2017.09.21 2016다29357
손해배상(자)
Text

The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Panel Division of the Seoul Central District Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal No. 1, Article 3(1) of the former Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (wholly amended by Presidential Decree No. 21036, Sep. 25, 2008; hereinafter “former Enforcement Decree”) provides for the amount of insurance money of liability insurance, etc. or mutual aid money (hereinafter “liability insurance money”) to be purchased by a motor vehicle owner under Article 5(1) of the Act, where the victim is injured, the amount of damages incurred to the victim within the scope of the amount set forth in attached Table 1 [Attachment 1], and where the physical disability (hereinafter “new disability”) occurred due to the pertinent injury after the treatment of the injury was completed, the amount of damages incurred to the victim within the scope of the amount set forth in attached Table 2 [Attachment 2], and Article 3(2)2 of the former Enforcement Decree of the Act provides for the sum of the amounts paid under subparagraphs 2 and 3 of Article 1(1).

Article 3(2)2 of the former Enforcement Decree provides for the calculation method of liability insurance in the event that a person who sustained an injury suffers from a disability due to the same accident, not the amount of damage incurred to the victim within the scope of the total sum of the maximum amount under Article 3(1)2 and 3, but the amount of damage incurred to the injured pursuant to Article 3(1)2 of the former Enforcement Decree. In full view of the aforementioned circumstances, the liability insurance money for the injury calculated pursuant to Article 3(2)2 of the former Enforcement Decree, including the purport of the liability insurance system under the Guarantee of Automobile Accident Compensation Act, the principle of limited liability liability, and the fact that it is possible to separately calculate the amount of damage caused by the injury and the injury caused by the disability.

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