1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1.The following facts may be found either in dispute between the parties or in combination with the statements and images set forth in Gap evidence 1 to 3, 6, and 7 and the whole purport of the pleadings:

The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with the Plaintiff Company B (hereinafter referred to as the “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with C (hereinafter referred to as the “Defendant Vehicle”).

B. On April 4, 2013, at around 18:29, A, while driving the Plaintiff’s vehicle, parked on the left-hand side of the Defendant’s vehicle, which was parked on the left-hand side of the road at the Handong-gu Incheon Metropolitan City 4 Dong-dong 85-6, Nam-gu, and left-hand at the front-hand side of the Dong-dong.

(hereinafter referred to as the “instant accident”). B.

On April 30, 2013, the Plaintiff paid the sum of KRW 1,197,050, and KRW 1,622,330, and KRW 2,819,380, in accordance with the agreement on security for motor vehicle injury, to A who sustained an injury by the instant accident.

C. The Plaintiff’s automobile insurance general terms and conditions stipulate that the amount calculated by the item shall be compensated for the corresponding amount of expenses for medical treatment in the event that the amount calculated by the item is less than the corresponding amount of expenses for medical treatment in accordance with the ratio of fault on the part of the victim.

2. Assertion and determination

A. The plaintiff's assertion that the plaintiff paid KRW 2,819,380 to A as damages, such as medical expenses, etc. due to the accident of this case. Since the defendant's fault ratio of the driver of the defendant's vehicle in relation to the accident of this case is 10%, the defendant should bear KRW 281,938 (2,819,380 x 0.1) corresponding to the ratio of negligence. However, since this amount is below KRW 1,197,050, the defendant is obligated to pay the above treatment relation cost 1,197,050 and delay damages pursuant to Article 3 (1) 2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act.

As to this, the defendant.