1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. The circumstances leading to the instant accident are as follows.

At the time of the accident, the insured vehicle A, at the time of the insured vehicle A, of November 23, 2016 at the time of the accident, was stopped by the Plaintiff’s insured vehicle that caused the prior accident in Gangnam-gu Seoul, Seoul at the location of the collision. However, without finding out the suspension of the insured vehicle, the Defendant’s insured vehicle did not have any dispute over the payment of the shock insurance amount to 4,274,00,000, the insured vehicle’s self-paid fee of 500,000 [based on recognition]; the evidence A through 10, and the purport of the whole pleadings;

2. The Plaintiff asserts that the instant accident occurred due to the unilateral negligence of the Defendant’s insured vehicle, and claimed the full amount of the insurance proceeds paid by the Plaintiff and the damages for delay from the day following the date of the final payment. The Defendant asserted that the Plaintiff is liable for at least 40% for the Plaintiff’s insured vehicle operator who did not take appropriate measures after

In light of all the circumstances, such as the background of the above recognition and the background of the accident, the degree of conflict and shock, it is reasonable to see that the negligence of the plaintiff's insured vehicle and the defendant's insured vehicle in this case is 19:19.

We do not accept both of these arguments.

Next, I examine the scope of indemnity.

The Plaintiff’s insurance proceeds of this case are paid on the basis of self-vehicle damage security, and self-vehicle damage security has the nature of consideration for insurance premiums paid to the insurer up to the time of occurrence of the insured event. It is separate from the liability to compensate for damages borne by the Defendant’s insured vehicle, and the Plaintiff has the right to compensate for the damages of the part corresponding to the amount of the insured’s own share out of the damages

Therefore, in this case, the insured of the insurance contract for the plaintiff vehicle is not compensated for the insurance money received from the plaintiff who is the insurer.