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. Basic facts

A. On January 15, 2016, at around 09:00, the Defendant suffered injury, such as light spawn, etc. in need of three weeks of treatment on the left-hand spawn of the Plaintiff’s vehicle, which was directly driven by the third line at the same time, in the second line near the river basin located in the Busan Eastdong-dong, Busan (the Defendant was under driving without a license at the time), by negligence, on the left-hand swn of the Plaintiff’s vehicle, which was driven by the third line.

(hereinafter “instant accident”).

B. In relation to the instant accident, the Plaintiff received KRW 500,000,000 from the Defendant on January 22, 2016, and ② KRW 322,300, and KRW 477,70,000, in total, from Samsung Fire that entered into an automobile insurance contract with the Plaintiff on July 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 2 and 3 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the instant accident occurred: ① 50,000 automobile repair cost; ② 105,000 transportation cost during automobile repair; ③ hospital treatment cost of KRW 322,300; ④ hospital treatment cost of KRW 396,00; ⑤ Mental damage and other expenses of KRW 2,10,000.

As a result of the instant accident, the Defendant is obligated to pay KRW 2,123,300,00 (= KRW 500,000 paid by the Defendant) excluding the Defendant’s payment of KRW 800,000,000, which was already paid out of the Plaintiff’s damages (i.e., KRW 500,000 paid by the Defendant) and damages for delay.

B. Determination on medical expenses claim 1) The Plaintiff is a person who received KRW 322,300 from Samsung Fire, which entered into an automobile insurance contract with the Plaintiff as a result of the instant accident, and thus, the Plaintiff’s expenses of KRW 396,00 for marina land, which was claimed to have been additionally paid. 2) In light of the evidence No. 4, the Plaintiff’s payment of KRW 396,00 (=4,000 x 9 x 9 times) can be acknowledged.

However, the plaintiff submitted.