1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Basic Facts

Plaintiff

Hyundai Marine Fire Insurance Co., Ltd. (hereinafter referred to as “Plaintiff Co., Ltd.”) is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter referred to as “instant insurance contract”) including a non-life-free special agreement with respect to H vehicles.

On October 14, 2013, at around 12:00, the Defendant driven a Bmerccom Cargo Vehicle (hereinafter “Defendant vehicle”) and carried out a shooting distance in front of the Han Bank, which is in the direction of the Daejeon Seo-gu dialogue, from the ewing room to the front of the construction section, in accordance with a straight-line signal from the ewing room to the front side of the construction section, suffered an injury by G G’s mother F, who was going to the intersection without permission going to the intersection, and caused F to suffer an injury, such as an external shock soft-scophosis, which does not have two or more open locations (hereinafter “the instant traffic accident”). As a result, F was in the state of “vegetable human resources,” called “vegetable,” without awareness and consciousness.

On April 24, 2014, the Defendant was convicted of a two-year suspended sentence for the six months of imprisonment without prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and became final and conclusive on April 24, 2014.

(Seoul District Court 2014dan319, 2014No1243). At the time of the instant traffic accident, the Defendant entered into only a liability insurance contract for the Defendant’s vehicle with Dongbu Fire and Marine Insurance Co., Ltd. (hereinafter “Dongbu Fire”) at the time of the instant traffic accident. Accordingly, according to the instant insurance contract, the Plaintiff Company paid F KRW 114,684,560 for medical expenses up to June 2, 2015, and additionally paid insurance proceeds of KRW 111,12,100 for the terms of the agreement on compensation for damages on April 8, 2015.

Since then, the Plaintiff Company received 20,000,000 won for injury liability insurance, disability liability insurance amounting to 92,593,490 won for indemnity from the Eastern Fire that the Defendant concluded an insurance contract, and the Defendant paid F as the principal deposit on January 20, 2014, the Daejeon District Court No. 347 in 2014.