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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. On June 5, 2012, at around 23:30, the Defendant: (a) driven a 0.061% alcohol concentration in blood, without registration X-sib, owned by the Codefendant B from the Codefendant B of the first instance trial; and (b) driven a one-lane in front of the Gridge located in the Suwon-si District F in the Suwon-si District, on a speed of 70km; (c) did not look at the front section of the road and proceeded with H, by negligence, crossing the road adjacent to the crosswalk at which the road was located.
In such a traffic accident, H suffered bodily injury, such as glaf, etc., due to damage to light water.
B. At the time of the above traffic accident, three non-life insurance contracts were concluded with the insurer K K Co., Ltd. and M Co. (N Co., Ltd.). However, the insurer’s non-life insurance special agreement with the insurer is KRW 200,000,000, respectively, and the insurer’s non-life insurance special agreement with the insurer is KRW 300,000,000.
C. H filed a lawsuit (Seoul Central District Court 2015dan5023386) against B, the Defendant, and the Defendant’s parents, D, E, and the said insurers on February 6, 2015 and the final appeal is currently underway. The main contents of the instant case in the judgment of the said appellate court are as follows.
1) The terms and conditions of the foregoing non-life insurance special agreement stipulate that the H’s property damage amount caused by the foregoing traffic accident amount is KRW 361,183,213, and the mental damage amount is KRW 40,000. 2) The said non-life insurance special agreement provides that “an insurance company shall pay the insurance money after deducting the amount deducted from the aggregate of the amounts and expenses calculated according to the standard for the payment of insurance money.” In the case of the foregoing traffic accident, ① the aggregate of the amounts and expenses calculated according to the standard for the payment of insurance money under the above special agreement amount is KRW 112,284,761 (if it reflects 20% of the negligence of H), ② the sum of the amounts and expenses calculated according to the standard for the payment of insurance money under the above special agreement amount is KRW 71,430,717.”
K Co., Ltd. shall be caused by the foregoing traffic accident.