1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows: (a) the reasoning of the judgment of this court is identical to the ground of the judgment of the court of first instance, except for adding the judgment of the following 2. 5 (hereinafter “the judgment”).

2. The defendant asserts that the remaining 126,196,280 won, excluding the insurance amount of 146,189,080 won paid by the plaintiff, excluding the insurance amount of 20,000,000 won paid by the plaintiff, shall be included in the insurance amount of the post-paid disability, which has a proximate causal relation with the post-paid disability. The limitation on the liability insurance for the post-paid disability of class 1 in the insurance contract of this case is set at KRW 1,00,000, and the limitation on the liability insurance for injury is set at KRW 20,000,000, since the total insurance amount of 146,189,080 paid by the plaintiff must be treated as the insurance amount under a non-insurance agreement.

However, according to the insurance clause of this case, medical expenses constitute objects of injury insurance not subject to the payment of disability insurance proceeds, and Article 3(2)2 of the former Enforcement Decree of the Guarantee of Automobile Accident Compensation Act, which provides for the method of calculating liability insurance proceeds in the case of injury to the injured person due to the same accident, shall be interpreted not to be the amount of damage inflicted on the injured person within the scope of the total sum of the maximum amount of injury insurance proceeds under Article 3(1)2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act and the amount of damage inflicted on the injured person under Article 3(1)3 of the same Act, but to be paid the sum of the injury insurance proceeds calculated under Article

(See Supreme Court Decision 2014Da219415 Decided November 13, 2014, and Supreme Court Decision 2012Da671777 Decided October 30, 2014, etc.). Therefore, in the instant case, liability insurance proceeds to be paid by the Plaintiff shall be KRW 20,000,000, which is the maximum amount of the injury liability insurance proceeds out of the medical expenses incurred from the instant accident, and ② rear disability.