beta
(영문) 대구지방법원포항지원 2020.06.11 2019가단100538

손해배상(자)

Text

1. As to the Plaintiff A’s KRW 29,684,214, and KRW 6,00,000 to Plaintiff B, and each of the said money, the Defendant shall start from May 3, 2018 to 20. < Amended by Act No. 15030, May 3, 2018

Reasons

1. Facts of recognition;

A. The Plaintiff B is the Plaintiff’s spouse. 2) The Defendant concluded a comprehensive automobile insurance contract with respect to the E-vehicle owned by D (hereinafter “accidented vehicle”).

B. At around 15:05 on May 3, 2018, D driving an accident vehicle with a blood alcohol concentration of 0.04% on the roads near the junk-gu Seoul Metropolitan Area F at the port, and driving it from the long-term room to the 0.044% on the offside, and driving it into the offside, while driving it in a part near the central line, the Plaintiff driven the H vehicle driven by the Plaintiff A at the right angle (hereinafter “instant accident”).

2) At the time of the instant accident, it is not clear whether the Plaintiff A wear a safety bell.

C. On May 4, 2018, Plaintiff A received physical entrustment with Plaintiff A, as a result of the instant accident, (i) dypology and sypology due to dypology damage, etc.: (ii) sypology and sypology damage, etc. on June 13, 2018; and (iii) dypology and sypology removal, etc. on January 3, 2019; (ii) the rate of labor ability due to sypitis after the instant accident was 6% of permanent disability; and (iii) the rate of labor ability loss due to sypitis after the instant accident was syphere and 1/2 (limited to internal side) x 1/2 (limited to internal side) x 1/2 (limited to internal side) dypology.

(1) The Defendant paid the Plaintiff KRW 30,94,070,070, total sum of the insurance money for the instant accident and the relevant hospital treatment by January 10, 2020 to the Plaintiff A by January 10, 2020.

3) On September 3, 2018, D paid KRW 20 million as consolation money upon the Plaintiff’s criminal agreement with the Plaintiff on September 3, 2018. [Grounds] The fact that there is no dispute, A’s evidence 1-914-16 (including branch numbers; hereinafter the same shall apply)

The results of Eul evidence Nos. 1 to 5, the results of the commission of physical examination to the president of the Gyeongbuk University Hospital, the inquiry inquiry of the appraiser I, and the purport of the whole pleadings.

2. The defendant who caused the claim, and the plaintiff A shall be the defendant of this case.