Plaintiff (Law Firm Handeok, Attorneys Kim Young-won et al., Counsel for plaintiff-appellant)

Hyundai Marine Fire Insurance Co., Ltd. (Attorney Oat-jin, Counsel for defendant-appellee)

November 2, 2012

Seoul Central District Court Decision 2010Kadan93323 (Main Office), 2011Kadan32516 (Counterclaim) Decided May 22, 2012

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

1. Purport of claim

The principal lawsuit: The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) pays to the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) 14,798,704 won with 5% interest per annum from June 17, 2008 to the service date of a duplicate of the complaint of this case, and 20% interest per annum from the next day to the day of complete payment.

Counterclaim: The plaintiff shall pay to the defendant 87,856,560 won with the interest of 5% per annum from October 8, 2010 to the service date of a duplicate of the counterclaim of this case, and 20% per annum from the next day to the day of complete payment.

2. Purport of appeal

The judgment of the first instance shall be revoked. The plaintiff shall pay to the defendant 87,856,560 won and the amount calculated by each of 5% per annum from October 8, 2010 to the service date of a copy of the counterclaim of this case, and 20% per annum from the next day to the day of complete payment.

The reasoning for this Court’s explanation concerning this case is as follows: (a) it is stated in the reasoning of the judgment of the first instance except for the following modification of “the Defendant’s assertion” under Section 8, Section 9 of the judgment of the first instance; and (b) it is cited by the text of Article 420 of the Civil Procedure Act.

A. Defendant’s assertion

The accident of this case occurred not only by the plaintiff's unilateral mistake but also by the plaintiff's fault as 30%, in the case of this case where the plaintiff seeks damages through a lawsuit against the defendant, the defendant is sufficient to pay the insurance money according to the final judgment, not by the terms and conditions. Thus, the difference between the amount of damages calculated earlier (24,323,263 won) and the amount equivalent to the plaintiff's negligence (61,49,592 won) out of the medical expenses paid by the defendant (37,176,329 won) out of the medical expenses paid by the defendant without any legal cause, and the plaintiff is obligated to return the amount equivalent to

Therefore, the plaintiff's counterclaim and the defendant's main claim shall be dismissed as they are without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judge final (Presiding Judge) Kim Jong-ju