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(영문) 대전지방법원 2017.05.10 2016가단227561

구상금

Text

1. The Defendant’s KRW 15,110,72 to the Plaintiff, as well as 5% per annum from December 9, 2016 to May 10, 2017.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract that contains a special agreement on coverage with respect to the automobile C (hereinafter “Plaintiff”) with respect to the automobile without insurance, and the Defendant is the driver of the two-wheeled vehicle that only purchased the liability insurance (hereinafter “Defendant”).

B. On April 3, 2016, the Defendant: (a) driven by the Defendant’s vehicle, discovered and immediately epiced one lane from the two-lanes in front of the Daejeon High School on the right side of the Defendant, driving the vehicle toward the intersection of the sloping Middle School from the direction of the sloping (U.S.). However, the Defendant epiced the front part of the Defendant’s vehicle with the front part.

(hereinafter referred to as “instant accident”). C.

The Plaintiff paid KRW 35,872,460 of the insurance money to E as medical expenses until December 8, 2016, as stipulated in the above injury security agreement, and returned KRW 10,000,000,000,000 from the liability insurance, which is the liability insurance of the Defendant vehicle, to E.

[Grounds for Recognition]

2. Occurrence and scope of liability for damages;

A. According to the above facts, the defendant is liable for damages to E pursuant to Article 750 of the Civil Act, since the accident of this case occurred due to negligence that the defendant failed to perform his duty of care, the defendant is liable for compensating for damages to E. 2) The second line road of this letter passes without permission, taking into account all circumstances, such as the distance between the location of the accident and the crosswalk, the time of the occurrence of the accident, etc., the fault of E shall be deemed 30% and the defendant's liability shall be limited to 70%.

B. 1) Of the medical expenses, the part claimed by the Plaintiff as a partial claim: 35,872,460 won for the treatment expenses by December 8, 2016 (the Plaintiff is seeking partial claim for reimbursement equivalent to the above treatment expenses paid for E on the ground that the payment of additional treatment expenses and the agreed amount has been delayed.

[Reasons for Recognition] 25,110,722 won (=35,872,460 won x 70% of the Defendant’s liability ratio)

3. The plaintiff.

참조조문