beta
(영문) 서울중앙지방법원 2021.01.14 2018가단5148255

손해배상(자)

Text

1. The Plaintiff:

A. Defendant B’s KRW 177,006,734 as well as 5% per annum from December 25, 2017 to January 14, 2021.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant B driven a D vehicle (hereinafter “Defendant vehicle”) around 01:45 on December 25, 2017, and stopped on a one-lane from the offline of the Dong-dong, Seog-dong, Seog-dong, the Sinsan City, at the end of the mountain road in the coast of the Dong-dong, and stopped on his own. The Plaintiff driven a E-si vehicle while driving the said vehicle on the road, and driven the Defendant vehicle stopped at the front bank (hereinafter “the instant accident”). The Plaintiff sustained injury due to the instant accident, which caused damage to the escape certificate of the external sign, 6 o-7 o or e-7 o or less.

3) In the event that an accident occurred due to the operation of an automobile without insurance pursuant to the Guarantee of Automobile Compensation Act, the Defendant Company is a person who is entrusted with the business of compensation for damage to the victim (hereinafter “government security business”) within the scope of liability insurance money at the victim’s request.

4) A joint defendant of the F Federation, but the decision to recommend reconciliation between the Plaintiff and the said parties became final and conclusive.

A. In entering into a comprehensive automobile insurance contract with the Plaintiff and the Plaintiff’s automobile, the Plaintiff and the Plaintiff’s insurance company entered into a mutual aid agreement for indemnity of KRW 200 million per person, as prescribed by the terms and conditions of the insurance contract, which provides that the amount of damage incurred when the insured died or died due to an accident occurred due to an non-insurance accident shall be limited to KRW 16,998,520, which is based on the said non-insurance accident mutual aid agreement, shall be paid to medical institutions from March 23, 2020 as the Plaintiff’s initial payment medical expenses until March 23, 2020, and after this Court’s decision to recommend self-conciliation (the Plaintiff and the F Federation’s portion) was finalized on February 12, 2020, the Plaintiff paid KRW 16,998,520, less KRW 33,001,480, which was paid for the pre-payment medical expenses (in lieu of the above additional agreement with the Plaintiff).