1. The judgment of the first instance as to the principal lawsuit is modified as follows.

The defendant Lessee (Counterclaim) around 11:40 on October 15, 2008 Kim Jong-si.

The principal lawsuit and counterclaim shall be judged together.

1. Whether an obligation to pay insurance proceeds arises;

A. The part of the judgment of the court of first instance, which found the facts of recognition, is written in accordance with Paragraph 1.

(main sentence of Article 420 of the Civil Procedure Act).

According to the above facts, the plaintiff is obligated to pay the insurance money under the insurance contract of this case to the defendant who suffered injuries by a non-insurance vehicle.

2. Scope of liability to pay insurance proceeds;

A. According to the criteria for the payment of insurance money under the insurance contract of this case (No. 11; hereinafter the insurance money of this case) based on the criteria for the payment of insurance money, the insurance money of this case is determined based on the following items, since the insurance money of this case is paid according to the items of consolation money, ② positive damage such as medical expenses, ② consolation money, ③ loss of business suspension, ④ other damages, ④ other damages, and ③ loss from loss of labor ability, ③ loss from loss of family nursing expenses.

B. (1) Medical expenses of insurance from injury 10,711,430 won 10,711,430 won (= medical expenses of KRW 10,419,030 for medical expenses of KRW 10,419,030 for the purchase of 180,40 won for the vertebrate vertebrate (80,000 won for the correction movement expenses of KRW 180,400 for the purchase of vertebrate vertegrate (11, 13, and 15 for each statement and the purport of the whole oral argument) cannot be deemed as damages with causation with the traffic accident of this case. Since nursing expenses are insufficient to prove the necessity of nursing, nursing expenses of KRW 31,100 for the sum of KRW 191,100 for the medical expenses of the I,100 for the total of KRW 140,00 for the nursing care expenses of KRW 10 for the treatment expenses of this case are not recognized.

(3) Contribution ratio: 70% of the insurance money payment standard of this case is stipulated not to compensate for the symptoms that had already existed before the car accident in question. Thus, the contribution ratio of the insurance money in this case is examined.

The evidence No. 4, the evidence No. 10, the fact-finding results for Samsung Hospital Head, and the fact-finding results.