logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.12.29 2016다42350
구상금
Text

Of the part of the judgment below against the defendant, the part of 6,965,484 won and damages for delay shall be reversed, and this part shall be reversed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The Guarantee of Automobile Accident Compensation Act (hereinafter referred to as the “Act”) provides that a person who operates an automobile for his own sake shall be liable to compensate for the damages in case he has killed or injured another person due to the operation thereof (Article 3). A motor vehicle owner shall be liable to compensate for the damages in case he has killed or injured another person due to the operation thereof (Article 3). A motor vehicle owner shall subscribe to liability insurance or liability mutual aids

(1) Article 5(1) of the former Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (amended by Presidential Decree No. 25149, Feb. 5, 2014; hereinafter “Enforcement Decree”) provides that the amount of insurance money or mutual aid money for liability insurance or liability mutual aid (hereinafter “liability insurance money”) to be purchased by a motor vehicle owner under Article 5(1) of the Act shall be the amount prescribed in attached Table 1; (1) in the case of injury, the amount of damage inflicted on the victim within the amount prescribed in attached Table 1 (Article 3(1)2); and (2) in the case of injury (Article 3(1) of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act, any further treatment effect may not be expected after the completion of the treatment of injury; and the physical disability (hereinafter “aftermath disability”) is caused by the injury after the completion

(Article 3(1)3). In addition, when at least two grounds arise for the payment of each of the above subparagraphs due to the same accident, the sum of the amounts under Article 3(1)2 and 3(1)3 is required to be paid in the case of the occurrence of a disability to the injured person.

(Article 3(2)2). As such, the language and text of the provision is relatively clear, and the law is liable to pay insurance money to the liability insurer.

arrow