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(영문) 서울중앙지방법원 2019.11.08 2018나53810
구상금
Text

1. Of the part against the defendant in the judgment of the court of first instance, the payment order is ordered in excess of the following amount.

Reasons

1. The reasoning of the judgment of the court of first instance cited the part of the grounds of the judgment of the court of first instance as stated in the following 2. Paragraph, and except for adding the following 3. Paragraph, it is identical to the part against the defendant among the grounds of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. From the fifth to the sixth first instance judgment, “The Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (amended by Presidential Decree No. 25943, Dec. 30, 2014; hereinafter “Enforcement Decree”)” is deemed to read “former Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (amended by Presidential Decree No. 25940, Dec. 30, 2014; hereinafter “Enforcement Decree”)”.

B. Part 7 of the judgment of the court of first instance (“Limit 45 million won”) of the 19th instance judgment is deemed to be “Limit amounting to KRW 30 million.”

C. The 10th and fourth instances of the judgment of the first instance are as follows: “The maximum amount of liability insurance in this case is KRW 45,000,000” is as follows: “The maximum amount of liability insurance in this case is KRW 30,000,000.”

The 11th through 5th of the first instance judgment “Defendant B may make a request for subrogation.” The 30,000,000 won is the maximum amount of the insurance money to be paid by Defendant B, and the Plaintiff may make a request for subrogation only for KRW 30,00,000, which is the lowest amount of the insurance money.”

E. Defendant B paid KRW 10,128,870 to the Plaintiff, as seen earlier, the fact that Defendant B paid KRW 10,128,870 to the Plaintiff. According to the evidence Nos. 2 of the judgment of the first instance, the fact that the Defendant paid KRW 1,171,130 to the Plaintiff as medical expenses of the victim. Thus, the Defendant’s reimbursement amount to the Plaintiff is ultimately 23,70,000 = the remainder after deducting the said payment from the said payment. The amount of reimbursement to be paid by the Plaintiff by the same Defendant is 30,000,000,000 = the limit of the insurance amount for liability due to the injury’s 5,00,000 after deducting the said payment.

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