The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. The summary of the judgment below is as follows.

A, while driving the Oral Ba in this case on the back side of the Oral Ba owned by the Defendant (hereinafter “the instant Oral Ba”), A discovered and suspended late after the si was stopped. However, as the Oral Ba in this case was dissatisfying and the victim suffered bodily injury, such as double alleys, and the Plaintiff, who entered into an accident insurance contract with the victim, paid KRW 170,462,00 as insurance money to the victim under the name of medical expenses, etc.

In light of the degree of injury inflicted upon the victim by the instant accident, the insurance money paid by the Plaintiff is deemed to be within the reasonable amount of damages. As such, the Defendant is obligated to pay KRW 150,462,00, remaining after deducting the liability insurance money returned from the said insurance money to the Plaintiff who subrogated the victim’s damage claim pursuant to Article 682(1) of the Commercial Act, and delay damages therefrom.

2. We cannot accept the judgment of the court below.

(1) In principle, the court shall have the discretion to accept an application for resumption of oral argument when the parties filed an application for resumption of oral argument to submit evidence after the closing of oral argument.

However, the party who filed an application for the resumption of pleading has not been given the opportunity to submit the argument due to the circumstances for which it is difficult for him to be held responsible before the closing of argument, and the subject matter of the argument falls under the facts requiring proof, which can be decided by the outcome of the judgment, etc., and when rendering a judgment against the party without giving the opportunity to submit the argument, it is contrary to the procedural justice pursued by the Civil Procedure Act, the court is obliged to resume the pleading and continue

(Supreme Court Decision 2010Da20532 Decided October 28, 2010, and Supreme Court Decision 2012Da60909 Decided October 11, 2012). Meanwhile, damage is incurred.