구상금
1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following part ordering additional payments.
1. The plaintiff sought reimbursement of KRW 502,450 of the examination costs related to medical expenses in the first instance trial, but the first instance court dismissed the above part of the claim and accepted only KRW 2,784,884 of the medical expenses of A (hereinafter “the deceased”) and the deceased’s claim for damages.
In response to the appeal, the plaintiff appealed only 12,860,367 won, which is part of the money that the court of first instance claimed while appealed, and only claimed medical expenses and the deceased's damages in the statement of grounds of appeal.
Therefore, the plaintiff did not appeal against the examination cost related to the treatment expenses, so the scope of the judgment on the party shall be limited to the claim for reimbursement against the deceased's damages and medical expenses.
2. Facts of recognition;
A. The Plaintiff is an insurer who has concluded an accident insurance contract for non-insurance vehicles for vehicles C owned by the Deceased’s children, and the Defendant is an insurer who has concluded a liability insurance contract for vehicles E owned by D (hereinafter “instant vehicle”).
B. D around 12:45 minutes on February 2, 2013, while driving the instant vehicle, D was shocked by the deceased, who was crossing without permission on the roads adjacent to the G cafeteria located in the C cafeteria in the Chungcheong City.
(hereinafter referred to as “instant accident”). C.
As a result of the instant accident, the Deceased suffered injury, such as the abandonment of the left-hand dynasium and the dynasium abandonment of the left-hand dynasium, brain dynasium and dynasium dynasium, and dynasium dy
On March 14, 2014, while being being treated, the Deceased died of the interference with brain and cerebral cerebral cerebral cerebral cerebral dyssis caused by the unknown blood species.
E. On October 31, 2013, the Plaintiff paid KRW 27,197,480,00 in total, including KRW 15,00,00,00 and KRW 12,197,480 on May 22, 2014. From March 29, 2013 to May 15, 2014, the Plaintiff paid KRW 35,161,680 in total for the deceased’s medical expenses to the Song National University and Medical Corporation Foundation.
F. The Defendant’s total sum of KRW 38,943,200 as the amount of indemnity to the Plaintiff.