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(영문) 대구지방법원안동지원 2016.05.18 2015가단4238

손해배상(기)

Text

1. Defendant D’s KRW 20,000,000 as well as annual 5% from October 17, 2015 to May 18, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On July 9, 201, at around 05:55, Defendant B, without a driver’s license, driven the e-car owned by C with a blood alcohol concentration of 0.116%, and was negligent in driving at a crosswalk with no front signal, etc. at the time of permanent residence while driving the e-car at a crosswalk with no front signal, etc. located in F, and caused the Plaintiff to suffer bodily injury, such as the mouth of the mouth.

(hereinafter “instant accident”). (b)

On October 201, H, the Plaintiff’s mother, entered into an automobile insurance contract with respect to I car as “the insured H and the insurance period from October 28, 201 to October 28, 2012,” and the said insurance contract included a non-insured automobile injury guarantee agreement with the insured within the limit of KRW 200 million in case of death or injury caused by an accident caused by an non-insured automobile.

C. On July 15, 201, the Plaintiff and Defendant D entered into an agreement with Defendant D to pay to the Plaintiff a sum of KRW 20,000,000 that Defendant D paid to the Plaintiff with the criminal agreement amount, in the event that the said agreement amount is subsequently deducted from the insurance money to be paid by the Plaintiff from the Mept Fire, Defendant D would pay the amount equivalent to the said amount to the Plaintiff.

The Plaintiff filed a claim with the Seoul Central District Court for the payment of the insurance money corresponding to lost profit, future treatment expenses, and consolation money due to the instant accident under 2013Gahap68912. On October 8, 2014, the said court rendered a claim against the Plaintiff for the payment of the insurance money corresponding to the lost profit (which did not have been recognized as the loss of labor ability due to the drilling disorder in the first half) incurred to the Plaintiff on October 8, 2014, future treatment expenses, and consolation money calculated by deducting the criminal agreement amount of 20,000,000 won that the Plaintiff received from Defendant D from Defendant D from the compensation amount, and this is related to 10,794,557 won.