beta
Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to C vehicles (hereinafter “Plaintiffs”). The Defendant is a mutual aid business entity who entered into an automobile mutual aid contract with respect to D vehicles (hereinafter “Defendant vehicles”).
B. Around 11:00 on August 4, 2017, the Defendant’s vehicle driven along the first lane of the 736-1 lane in Ansan-si, Nowon-si, Seoul Special Metropolitan City, which was located in the 736-1 lane, and the passage of the first lane was controlled due to the construction section in the front section of the road, which led to the change of course into the second lane, the left side of the Plaintiff’s vehicle driven along the second lane was shocked with the front side of the Defendant’s right side.
(hereinafter “instant accident”). During this process, E, the driver of the Plaintiff’s vehicle, was injured.
C. By January 4, 2018, the Plaintiff paid E totaling KRW 29,740,540,000 as follows.
(1) An amount of KRW 8,235,760, (3) loss of disability: 12,535,90,60, (4) loss of disability: 12,535,50,00 for future sex treatment expenses; 750,00 won (based on recognition); 1,2,3, 4, 6, 11; 1, 2, and 7; 1, 2, and 7 of the evidence of disability; 4; 50,00 won for future sex treatment expenses;
2. Summary of the assertion
A. The Plaintiff’s instant accident occurred due to the negligence of the Defendant’s vehicle, and the Plaintiff paid the insurance money for the damages of E arising from the instant accident, and the Defendant is obligated to pay the reimbursement and the damages for delay to the Plaintiff who vicariously executes the right to claim damages of E.
B. The instant accident occurred by the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle. Of the damage, the part relating to the heat of the Akkniers among the damage, is unrelated to the instant accident, and thus, the Plaintiff’s claim cannot be complied with.
3. Determination
A. The following circumstances, which are acknowledged by comprehensively taking account of the underlying facts of the liability for damages and the purport of the entire pleadings.