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(영문) 서울중앙지방법원 2017.07.19 2016나84254

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the Postal Development Co., Ltd. (hereinafter “Sewon Development Co., Ltd.”) with the insurance period from November 9, 201 to November 8, 2015, with the maximum amount of compensation as KRW 200 million per accident, and the Defendant is an insurer who has concluded the automobile insurance contract with the A (hereinafter “the instant period”).

B. B entered into a lease agreement with the non-party company on the instant climate, and around November 25, 2014, around 13:35, the non-party company entered into a management and supervision of the non-party company, at the time of Kimpo-si, Kimpo-si, using the instant weather engine, carrying the cryping to the cryping of the cryp of the cryp. However, as the cryp of the cryp was not fixed on two parts on the cryp, the non-party company was suffering from the injury of the d(39), E(4), and F(72) on the ground that the crypproof wall was written on the passage of pedestrians.

(hereinafter “instant accident”). C.

Until August 4, 2015, the Plaintiff spent 26,710,080 won, including the amount of insurance money under the insurance contract concluded with the non-party company, KRW 18,622,130 for D, KRW 7,680,00 for E, and KRW 407,950 for E, as damages for F.

The details of the insurance money paid by the Plaintiff are as follows:

1) D related (A) loss assessment statement - Medical expenses 12,797,519 - Transportation expenses - 304,000 won ( = 8,000 won per day (which is the payment criteria set forth in the Defendant’s automobile insurance general terms) ¡¿ 38 days per day 】 4,026,847 won for shutdown damage (i.e., average daily daily wage of KRW 62,698 or KRW 63,508 for the period of hospitalization, the amount equivalent to 100% for 18 days per day and 50%) - 2,000,000 won (the total amount of damages or the total amount of damages calculated as KRW 19,128,366) - 18,622,130 won which deducts self-contributory charges after subtracting self-contributory charges. < Amended by Act No. 13578, Aug. 8, 2015>

4. Payment 2) E as compensation for damages. (The particulars of calculation of the damages - Medical expenses - KRW 4,040,460.