(영문) 서울고등법원 2015.09.03 2015나2019290

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Reasons

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자간(%)

(영문) 서울고등법원 2015.09.03 2015나2019290

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. In addition to the amendment of “No. 23, 2014. Apr. 23, 2013” by “No. 2013. 23, 2013,” this part of the facts constituting the basis of the judgment of the first instance is identical to the reasoning of the judgment of the first instance. As such, it shall be cited pursuant to the main sentence of Article 420 of the

2. This part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, because it is identical to the reasoning of the judgment of the first instance, except for the addition or modification as follows.

The following shall be added to eight (8) pages of the judgment of the first instance.

“On the other hand, the Defendant’s insurance money paid to the Dong division is limited to the amount of damages calculated on the basis of the amount of damages calculated on the basis of 5% of the net C’s negligence, and the recognition of the network C’s negligence is too low, but it is difficult to see that there was an error in calculating the amount of damages by deeming the network C’s negligence as 5% in light of the circumstances, etc. of the instant accident, etc., and thus, it cannot be accepted as follows.

A person shall be appointed.

C. On May 13, 2014, the day following the day when the Plaintiff paid the insurance money to the Plaintiff (i.e., KRW 126,00,000 x 0.7) and the Plaintiff’s delay damages from October 16, 2013, the day following the day when the Plaintiff paid the insurance money to the Plaintiff (i.e., KRW 180,000 x 0.7). However, the scope of the right transferred by subrogation of the insurer is limited to the amount of the insurance money paid by the insurer to the insured, and thus, the damages for delay before the Plaintiff pays the insurance money to the Dongbu cannot be recognized.

(Unless otherwise, the plaintiff can obtain more benefit than the insurance money he paid. Meanwhile, the same division has already filed a claim with the defendant for the payment of damages related to the accident of this case before the plaintiff pays the insurance money.

(No. 2).

참조조문

-민사소송법 제420조

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