1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract including the special terms and conditions for automobile injury insurance with respect to the automobile quantity A and B (hereinafter “Plaintiff vehicle”), and the Defendant is a mutual aid insurer who entered into an automobile mutual aid contract with respect to C bus vehicles (hereinafter “Defendant vehicle”).

B. On September 3, 201, at around 08:20 on September 3, 201, the Plaintiff’s vehicle: (a) kid the front part of the Defendant’s vehicle running along the bus-only one lane following the bus-only one lane around the time the bus stops located on the Gyeong-si Busan, Busan, Busan, the Busan, the Busan, the border road; and (b) as a result, A, the driver of the Plaintiff’s vehicle sustained injury.

(hereinafter referred to as “instant accident”). C.

On September 15, 2011, the Plaintiff paid the insurance proceeds of KRW 300,000 with the agreed amount, including KRW 142,00 in the name of medical expenses in the future. By June 17, 2014, the Plaintiff paid the insurance proceeds of KRW 465,520 with the medical expenses of KRW 465,520 with the agreed amount.

On the other hand, on August 27, 2012, the Automobile Insurance Claim Deliberation Committee decided the negligence ratio of the Plaintiff’s vehicle and the Defendant’s vehicle on the occurrence of the instant accident as 9:1. Accordingly, on November 1, 2012, the Defendant paid KRW 72,790, an amount equivalent to the Defendant’s fault ratio (10%) out of the total insurance amount paid by the Plaintiff up to November 1, 2012.

[Ground of recognition] Facts without dispute, Gap evidences 1 to 3 and Eul evidences 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the amount of damages (amounting to 765,520 won in total of the medical expenses and the agreed amount x 10% in the Defendant’s fault ratio) suffered by the Defendant’s harmful act by the driver of the vehicle is less than KRW 465,520, which corresponds to the medical expenses under the proviso of Article 3(1)2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (amended by Presidential Decree No. 25149, Feb. 5, 2014; hereinafter “former Enforcement Decree”), and thus, the Plaintiff is the name of future medical expenses.