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Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant are both insurers engaged in non-life insurance business, such as the comprehensive automobile insurance business, and the Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with D on the automobile of C (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded the automobile insurance contract with F on the vehicle of E (hereinafter “Defendant”).
On July 27, 2018, around 19:00 on July 27, 2018, the Plaintiff’s vehicle which was stopped at the time of the stop while the Defendant’s vehicle was moving back to the H terminal located in G at the time of the small river located in G.
B. The details of the instant accident are as follows.
C. On September 12, 2018, the Plaintiff recognized the amount of damages caused by the injury sustained by the Plaintiff’s passenger I (hereinafter “victim”) on the part of the Plaintiff’s passenger by the instant accident as follows. On August 10, 2018, the Plaintiff paid insurance proceeds of KRW 760,038 [i.e., KRW 5., KRW 540,00 [i.e., KRW 772,038 (=2,270,700/30 x 0.80 x 0.85 x 12 days] from the amount of non-business suspension loss [i.e., KRW 2,038] to KRW 762,00 [i.e., KRW 62,430] from the amount of non-business suspension loss (i., KRW 662,430,00)].
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including paper numbers) and the purport of the whole pleadings
2. Existence and scope of liability for damages caused by the instant accident
A. The defendant asserts to the effect that the causal relationship is not acknowledged between the accident of this case and the injury suffered by the victim because the degree of the shock of the accident of this case is insignificant.
However, the court's fact-finding results and Gap evidence Nos. 6 and the overall purport of the arguments are as follows. In other words, the members of the JJ who treated the victim was treated by the victim due to the following causes: (a) the victim was treated as the cryposis, the cryp, the cryp, the cryposis, the crypitis, the cryposis, the cryposis, and the cyp