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(영문) 서울중앙지방법원 2017.11.09 2015가단5081863

구상금

Text

1. The Defendant’s KRW 17,860,00 for the Plaintiff and KRW 5% per annum from October 16, 2014 to November 9, 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) The Plaintiff is an insurer which has entered into an automobile insurance contract containing a special agreement on accident security for automobile B with A, and the Defendant is the insurer who has subscribed to the automobile insurance contract for automobile C (hereinafter “Defendant”).

(2) On September 8, 2013, at around 00:32, the Defendant’s vehicle collisioned D-wheeled Vehicle, the center line of which was invaded while driving a front apartment of the primary apartment unit in the Gu-U.S.-si, the Gu-U.S.-si.

(hereinafter referred to as “the instant accident”). The instant accident suffered injuries, such as fingers, sakes, and sakes, by E (hereinafter referred to as “victim”) who is the driver of the instant two-wheeled vehicle (hereinafter referred to as “victim”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

B. According to the above facts of recognition, the instant accident occurred due to the negligence of the driver of the Defendant vehicle who invaded the central line.

As such, the defendant, who is an insurance company of the defendant vehicle, has a duty to compensate the victim for the damage suffered by the victim due to the above accident.

2. Scope of victims' right to claim damages;

A. In fact, the driver of the Defendant’s vehicle was exempted from liability for the Defendant’s personal injury II in breach of the limited special agreement with A who is the insured.

(2) The victim lost the ability to work at 3% of the disability assessment table applicable to items 43-1 (permanent disability and occupational coefficient 6), 3% of the application of items 6-A-1 (former disability and occupational coefficient 5), and 44.71% of the double disability rate due to the instant accident, knenee-de knee-de kne-de kne-de kne-de kne-de kne-de kne-1, and the victim's actual income calculated under the age of 60 million won exceeds 240,000,000 won, and the victim's active loss amount reaches 52,646,420 won even if medical treatment costs are charged.

(3) The victim’s injury grade shall be December 2014 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act.