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1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer entrusted by the Minister of Construction and Transportation with the authority of the government to guarantee motor vehicle accident compensation within the limit of liability insurance when a person dies or is injured due to the operation of a motor vehicle which was not covered by liability insurance or liability insurance, and simultaneously entered into an automobile insurance contract including a special agreement on accident insurance by non-life insurance by a non-life insurance with C which is the spouse of B. The Defendant is a driver of a D motor vehicle (hereinafter “Defendant”).
B. Around 03:40 on August 13, 2016, the Defendant driven the Defendant’s vehicle and driven along the road in Yongsan apartment complex located in Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, Seoul, with the impact of B, which was driven on the lane (hereinafter “instant accident”), and B suffered injury on the straw, multiple sprinking, and multiple strawing of the double wall that requires approximately two weeks of medical treatment due to the instant accident.
C. On August 26, 2016, the Plaintiff paid KRW 515,700 for medical expenses to the victim B, and paid KRW 2,000,00 for the agreed amount to the victim B on September 13, 2016, and paid KRW 1,338,610 for the direct medical expenses to the hospital where the victim B was treated between September 20, 2016 and October 21, 2016, and paid KRW 3,854,310 for the total amount of KRW 3,854,310 ( KRW 515,700, KRW 2,000, KRW 1,338,610 for the Defendant’s liability insurance proceeds.
[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 3 evidence, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the instant accident occurred due to the Defendant’s negligence, while the victim’s negligence was 40%, and the Plaintiff paid the said insurance money, the Defendant is obligated to pay the remainder of KRW 3,354,310 (3,854,310-50,000) after deducting KRW 50,000, which was returned from the insurance money paid by the Plaintiff to the liability insurance money.
B. Defendant’s assertion