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(영문) 창원지방법원 2018.04.18 2015가단80440

구상금

Text

1. The Defendants jointly share KRW 7,493,304 with respect to the Plaintiff and KRW 5% per annum from April 26, 2013 to April 18, 2018.

Reasons

1. Facts of recognition;

A. Defendant A is a person who owns a D vehicle (hereinafter “instant A”) while running a personal business with a trade name, and Defendant B is a person employed by Defendant A and working for Defendant A.

B. On November 23, 2012, in order to carry out delivery services at around 14:50 on November 23, 2012, Defendant B: (a) driven the instant sea-going vehicle and driven the front road located in F in the window E located in the Changwon city; (b) shocked the rear part of G driving H vehicles parked in the front section for signal traffic in the front section (hereinafter “victim”).

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

G was provided medical treatment at Samsung Changwon Hospital, etc. due to the instant accident from December 6, 2012 to June 2014.

G, a national health insurance policyholder, paid KRW 9,111,01 to a medical care institution as the principal’s share among the medical expenses under the above paragraph (c). However, pursuant to Article 44 of the National Health Insurance Act and Article 19 of the Enforcement Decree of the same Act, G, a national health insurance policyholder, was refunded from the Plaintiff on April 27, 2015.

E. The Plaintiff paid G’s total amount of KRW 28,355,510 to the medical care institution as shown in attached Table 1 for the treatment related to the instant accident.

In addition, the Plaintiff decided to return KRW 4,944,440 out of KRW 5,024,050 returned to G as described in the foregoing paragraph (d).

(A) Of the above KRW 28,355,510, the Plaintiff claimed KRW 28,350,240,240, which remains after offseting the said KRW 5,270,000, and KRW 33,294,680,000, which remains after offseting the said KRW 28,35,510, and KRW 4,944,440. Meanwhile, the Korea Commercial Insurance Co., Ltd., an insurance company of the victimized vehicle, filed a lawsuit against Defendant B, etc. seeking reimbursement

(Seoul Southern District Court 2014Kadan206321). In the above lawsuit, Defendant B is liable for damages caused by the instant accident as a tortfeasor, but the developments and degree of the instant accident, the degree of injury normally predicted, and the past of G.