1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The circumstances leading up to the instant accident are as follows.

On February 18, 2019, at the time of the accident, the insured vehicle CD of the insured vehicle of the Plaintiff insured vehicle at the time of the accident, and around February 16:3, 2019, at the location of 3,797:260 won for the payment of shock insurance money to the left side of the upper part of the Defendant vehicle, which was sent in the atmosphere at the intersection of road collisions around the distance near the U.S. child of the U.S. in Gangnam-gu Seoul, Seoul, by changing the course to the third-lane, and kept in the direction to the third-lanes of the vehicle, (i) there is no dispute over the security motor vehicle injury security [based], (ii) there is no evidence set forth in subparagraphs A through 7, and each set forth in subparagraphs B through 1 through 3, and the purport of the entire pleadings, as a whole.

2. Determination

A. The Plaintiff’s assertion that the Plaintiff paid KRW 2,297,260 to the Plaintiff’s driver E as medical care costs, and subrogated the right of the insured pursuant to the insurer’s subrogation agreement as the insurer who paid the insurance money pursuant to the automobile accident insurance contract. However, since the insurance terms and conditions do not limit the cost of medical care to the scope of personal compensation I, the Defendant is liable to pay KRW 2,297,260 to the Plaintiff as well as damages for delay.

B. 1) Determination of the Act on the Guarantee of Automobile Accident Compensation (hereinafter “The Automobile Accident Compensation Act”)

The proviso of Article 3(1)2 of the Enforcement Decree provides that where the amount of damage sustained by the victim falls short of the amount of medical fees calculated in accordance with the standard for medical fees covered by automobile accident insurance under Article 15(1) of the Automobile Loss Act, the amount equivalent to the medical expenses shall be paid as liability insurance money within the scope of the amount prescribed in attached Table 1. The purport of the proviso of subparagraph 2 is to ensure the victim of the traffic accident in order to guarantee the medical treatment of the victim of the traffic accident even if the amount obtained by deducting the amount equivalent to the percentage of