1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to B vehicles (hereinafter “Plaintiffs”).

B. At around 19:35 on June 8, 2008, the driver of the Plaintiff’s vehicle was negligent in neglecting the duty to see the direction of progress in the vicinity of E stores located in Eunpyeong-gu Seoul Metropolitan Government, and caused injury to the Defendant, etc., such as the Defendant, who was trying to get a taxi at that place, by shocking the parts of the Plaintiff’s vehicle into the back part of the Plaintiff’s vehicle for three weeks and requiring three weeks’ medical treatment.

(hereinafter “instant accident”). C.

Even after being hospitalized for 68 days after the instant accident, the Defendant continuously complained of the Complex Maternia (CRPS) and received treatment at the Gangnam-si Hospital, etc. from July 23, 2008 to September 12, 2016, and the Plaintiff paid KRW 80,266,460 as medical expenses at Gangnam-nam Hospital, etc. over 158 times from July 23, 2008, and paid KRW 3,059,320 to the Defendant on November 11, 2010.

On the other hand, on the other hand, around January 2013, the Plaintiff filed an application with the Seoul Western District Court 2013Ma10124 to confirm that the Plaintiff did not have any obligation to compensate for the Defendant due to the instant accident (Seoul Western District Court 2014Kadan201820), but the conciliation was not effected, and the conciliation was proceeded with (Seoul Western District Court 2014Gadan201820). On August 18, 2016, the Plaintiff was sentenced by the above court that “the Plaintiff’s liability to compensate for the Defendant in relation to the instant accident does not exist in excess of 18,48,00 won,” and the above judgment became final and conclusive on September 9, 2016.

(hereinafter referred to as “final and conclusive judgment in a prior suit”). [Grounds for recognition] There is no dispute, and each entry in Gap’s 1 through 4.

2. Determination

A. (1) According to the determination as to the cause of the claim (i) the Plaintiff’s damage liability against the Defendant due to the instant accident does not exceed KRW 18,488,00, but the Defendant’s damage liability does not exceed KRW 18,48,00.