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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. The Plaintiff entered into a comprehensive automobile insurance contract with C on April 15, 2009 with D (hereinafter “Plaintiff”) and the Plaintiff’s vehicle conflict with the motor bicycle operator operated by the Defendant (hereinafter “Defendant”) at the intersection located in Gwangjin-gu Seoul Special Metropolitan City military automatic 471-1 on June 28, 2009 (hereinafter “instant accident”), and the fact that the Plaintiff paid KRW 59,137,420 under the name of treatment expenses for the Defendant’s winners E in the Defendant’s vehicle, who suffered injury due to the instant accident, is not a dispute between the parties.
2. The plaintiff's judgment on the cause of the claim asserts that, although the place of the accident in this case did not contain signal, the defendant neglected his duty to take a front time in operating the defendant's vehicle, the defendant's failure to take a front time in operating the defendant's vehicle, in violation of his passenger capacity, contributed to the occurrence of the accident in this case and the expansion of damages, and the ratio of negligence in this case's negligence reaches 20%. Thus, the defendant is obliged to pay to the plaintiff the amount of indemnity stated in the claim amounting to 20% of the total amount of KRW 59,137,420 paid by the plaintiff for the medical expenses in this case
In this case, the evidence presented by the Plaintiff alone was negligent as asserted by the Plaintiff at the time of the occurrence of the instant accident.
The Plaintiff’s assertion is without merit without further need to determine the amount of specific damages, etc., inasmuch as such negligence is insufficient to acknowledge that there exists a proximate causal relation with the occurrence of the instant accident.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.