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Of the judgment of the first instance, the part against the defendant ordering payment in excess of the amount ordered.
Reasons
1. The circumstances leading up to the instant accident are as follows.
At the time of the accident, the Plaintiff’s insured vehicle CD on January 15, 2017 at the time of the accident, and around 15:40 on January 15, 2017, the Plaintiff’s vehicle in the situation of road collision near the Master Zone located in Gangseo-gu Busan Gangseo-gu, Busan, was stopped at the above location. The instant accident occurred where the Defendant’s vehicle was shocked. The Defendant’s accident occurred that caused the instant accident. The fact that there was no dispute on February 27, 2017 (based on recognition) the payment date of the victim’s EF insurance money, KRW 1,101,530,87,830, the date of the final payment of the guaranteed automobile injury insurance money for the insured vehicle, the insured vehicle, and the purport of the entire pleadings, and the purport of the entire pleadings
2. Determination
A. According to the above basic facts, the driver of the defendant vehicle is deemed to have shocked the rear of the plaintiff vehicle in a stop because he neglected his duty of care in front of the vehicle, so it is reasonable to deem that the accident in this case occurred due to the previous negligence of the driver of the defendant vehicle.
B. Furthermore, according to each statement of evidence Nos. 4 and 6 regarding the scope of the amount of the Defendant’s indemnity, the victims suffered medical treatment due to the instant accident, and the Plaintiff paid insurance money by evaluating the victims’ property damage and consolation money as shown in the table below. According to the above acknowledged facts, it is reasonable to view that the Plaintiff’s insurance money paid under the name of “medical expenses,” “other damages,” and “comforcing materials,” and KRW 575,360 (i.e., the total sum of KRW 179,360, and the total sum of KRW 96,000,000) was the actual amount of damages suffered by the victims.
179,360 won in total of KRW 179,360 in total of KRW 150,000 in 150,000 in 150,000 in 150,000 in 179,360 won in 30,000 in 30,000 in 3
C. The plaintiff paid to the victims the insurance amount of KRW 1,404,00 = the victim E.