[1] The maximum amount of liability insurance for one victim who died of an automobile accident

[2] The amount that can be deducted from the insurer's indemnity amount due to the insurer's subscription to the insurer's liability insurance, in case where the insurer paid damages to the victim according to the insurance contract concluded with the insurer Gap, one of the joint tortfeasors of the automobile accident, and then claims the indemnity amount from the insurer's indemnity amount to the other joint tortfeasors of the insurer's liability insurance.

[1] According to Article 5 of the Guarantee of Automobile Accident Compensation Act and Article 3 (1) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 14736, Jul. 14, 1995) of the same Act, a person who registered a motor vehicle or reported the use of the motor vehicle must have a liability insurance to pay the amount prescribed by Presidential Decree to the victim if he/she dies or is injured by another person due to the operation of the motor vehicle. The liability insurance amount to be paid to one victim shall be based on the maximum amount of KRW 15 million in the case of a deceased person, and the amount prescribed by attached Table 1 in the case of an injury. Thus, the liability insurance amount for the death of the victim shall not exceed KRW 15 million regardless of the number of motor vehicles involved in the accident.

[2] In the event that the insurer pays damages to the victim according to the insurance contract concluded with one of the joint tortfeasors of automobile accident, and then claims for indemnity to Eul who is another joint tortfeasor who has subscribed to the insurer's liability insurance, the amount of indemnity to be borne by Eul corresponds to the ratio of negligence between the liability insurance amount paid by the insurer and the comprehensive insurance amount paid by Eul, and thus, the amount of indemnity to be deducted from the insurer's indemnity amount due to the insurer's subscription to the insurer's liability insurance should be limited to the portion corresponding to the ratio of negligence on the part of the insurer's liability insurance amount paid by the insurer, and the total amount of the liability insurance amount

[1] Article 5 of the Guarantee of Automobile Accident Compensation Act; Article 3 (1) of the former Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (amended by the Presidential Decree No. 14736 of July 14, 1995) / [2] Articles 425 (1) and 760 (1) of the Civil Act; Article 682 of the Commercial Act

Dongyang Fire Marine Insurance Co., Ltd. (Attorney Kim Jong-tae, Counsel for the defendant-appellant)

Defendant (Attorney Jeong-jin, Counsel for the defendant-appellant)

Busan District Court Decision 97Na12690 delivered on April 9, 1998

The judgment below is reversed, and the case is remanded to Busan District Court Panel Division.

We examine the grounds of appeal.

1. According to the reasoning of the judgment below, the court below found that the Tracter owned by the non-party Youngnam Cargo Co., Ltd. (hereinafter referred to as the " Yong-Nam Cargo") and the car owned by the defendant were killed and the non-party 2 died, the plaintiff paid damages to the deceased and the non-party 2 as the insurer of Yong-Nam Cargo, and the defendant's automobile also purchased the plaintiff's liability insurance. The court below held that the defendant is liable to pay damages to the plaintiff as the owner of the automobile in accordance with the defendant's fault ratio of the plaintiff's contribution to the occurrence of the traffic accident in this case. The court below determined that the amount calculated according to the defendant's fault ratio among the total amount of expenses borne by the plaintiff, including the indemnity amount, as the insurer of the liability insurance, for the non-party 1 who died as the plaintiff as the insurer of the liability insurance, the maximum amount of KRW 15 million, the amount to be deducted by the plaintiff as the insurer of the liability insurance, and the amount to be deducted to the non-party 2.

2. According to Article 5 of the Guarantee of Automobile Accident Compensation Act and Article 3(1) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 14736, Jul. 14, 1995) of the same Act, a person who registered a motor vehicle or reported the use of the motor vehicle shall, without fail, purchase a liability insurance policy to pay the amount prescribed by Presidential Decree to the victim when another person dies or is injured due to the operation of the motor vehicle, and the liability insurance amount to be paid to one victim shall be based on the maximum amount of KRW 15 million in the case of the deceased, and the amount prescribed in attached Table 1 in the case of injury. Accordingly, the liability insurance amount for the death of the victim shall not exceed KRW 15 million regardless of the number of the motor vehicles involved in the accident.

According to the records, it is evident that the plaintiff claims the amount remaining after deducting KRW 15 million for the deceased, and KRW 1.8 million for the non-party 2, and KRW 1.8 million for the non-party 2 (this amount seems to refer to the liability insurance amount corresponding to Grade 8 of Article 3 (1) [Attachment 1] of the Enforcement Decree of the Automobile Accident Compensation Guarantee Act), according to the ratio of negligence. However, in calculating the amount of indemnity to be borne by the defendant, the court below did not comply with the plaintiff's assertion and calculated the amount of indemnity to be borne by the defendant based on the ratio of negligence between the non-party 2 and the defendant's total amount of indemnity to the victims, including the amount of indemnity to be borne by the defendant, and then calculated the amount of indemnity by deducting the full amount of the liability insurance amount to each victim.

However, since the amount of indemnity borne by the Defendant corresponds to the ratio of fault of the Defendant among the liability insurance proceeds paid by the Plaintiff and the comprehensive insurance proceeds, the amount that the Defendant’s automobile can be deducted from the Plaintiff’s indemnity amount due to the Plaintiff’s purchase of the Plaintiff’s liability insurance should be limited to the portion corresponding to the ratio of fault on the part

Therefore, the court below determined the amount of liability insurance to be paid to the defendant in light of the degree of injury of Nonparty 2, and deducted the amount equivalent to the percentage of fault on the part of Young-Nam Cargo from the sum of the amount and the amount of liability insurance to the deceased, although the defendant, who was the insurer of liability insurance to which the plaintiff was a party, from the amount of liability insurance. However, the court below erred by misapprehending the legal principles on liability relation and liability insurance between the joint tortfeasors, or by failing to properly examine it, thereby affecting the conclusion of the judgment. The ground of appeal pointing this out has merit.

3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cho Chang-hun (Presiding Justice)