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(영문) 대법원 2012.10.11 2012다44563
구상금
Text

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

Reasons

The grounds of appeal are examined.

The proviso of Article 3 (1) 2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act provides that where the amount of damage sustained by the victim falls short of the amount corresponding to the medical fees calculated in accordance with the standards for medical fees covered by automobile accident insurance under Article 15 (1) of the Guarantee of Automobile Accident Compensation Act, the amount corresponding to the medical expenses shall be paid as liability insurance money within the scope of the amount prescribed in [Attachment Table 1]. The purport of the proviso of the proviso of Article 3 (2) is to interpret that even in a case where the amount calculated by deducting the amount equivalent to the ratio of negligence among the damage suffered by the victim of automobile accident falls short of the amount corresponding to the medical expenses of the above provision, the relevant medical expenses shall be deemed as the amount of damage to guarantee the victim's medical treatment due to the traffic accident, and thus, the victim

(See Supreme Court Decision 2006Da82793 Decided December 11, 2008, Supreme Court Decision 2009Da57651 Decided November 26, 2009, etc.). According to the reasoning of the lower judgment and the evidence duly admitted by the lower court, the Plaintiff paid medical expenses for each traffic accident between the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”) and the Defendant’s insured vehicle, each of the traffic accident victims indicated in the “Contents of Claim” attached to the lower judgment, which either the driver or the passenger of the Plaintiff’s vehicle, in relation to each traffic accident occurred between the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”) and the Defendant’s insured vehicle, and the Plaintiff’s insurance policy provides that the Plaintiff’s acquisition of the right to the third party within the insurance money

Examining these facts in light of the legal principles as seen earlier, the Plaintiff’s respective treatment costs stated in the above “the details of the claim” to each of the above victims.

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