1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Basic Facts

A. The Plaintiff is an insurer that entered into a comprehensive insurance contract (hereinafter “instant insurance contract”) that sets the insurance period from July 29, 2010 to July 29, 201 with respect to a passenger car of Category C and D with respect to a passenger car of Category D including the content of guaranteeing injury by a non-insurance vehicle (hereinafter “instant insurance contract”). Defendant A is the driver of the vehicle E (hereinafter “Defendant”), and Defendant B is the owner of the Defendant vehicle.

B. On April 22, 2011, Defendant A, while proceeding one-lane road in front of G Hospital F in Gwangjuyang-si on April 22, 201, was driving ahead of the two-lane road, Defendant A caused the instant accident (hereinafter “instant accident”) resulting in the Defendant A’s accident of causing approximately eight weeks of medical treatment, such as the right snife, snife, the right snife, and the right snife (hereinafter “instant accident”).

C. As to the Defendant vehicle, only the Plaintiff subscribed to the liability insurance contract, the Plaintiff paid KRW 8,726,290 in total with the medical expenses, etc. according to the instant insurance contract, and paid KRW 15,097,350 in total to C as the liability insurer for the Defendant vehicle.

Under the instant insurance contract, the main contents of the terms and conditions relating to “injury caused by an non-insurance motor vehicle” are as follows.

In Section B, Article 17 of the Injury by Uninsured Motor Vehicles Act, in the case where there is a person liable to compensate for the damage incurred by the insured when the insured dies or is injured by an accident occurred by UnInsurable Motor Vehicles, the insurer shall be bound to compensate for the damage as stipulated in this Clause.

The person liable for compensation refers to the person who is legally liable for the damage inflicted on the insured by causing the death or injury of the insured due to an accident of an uninsured motor vehicle.

Article 20 (Calculation of Insurance Money) The insurance money to be paid by an Uninsured Motor Vehicle Act shall be calculated by aggregating "amount calculated according to the criteria for the payment of insurance money" and "expenses".