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(영문) 서울중앙지방법원 2019.10.16 2019가단5021180

구상금

Text

1. Defendant B’s KRW 675,384,240 as well as 5% per annum from November 20, 2018 to October 16, 2019, and the following:

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to D vehicles (hereinafter “Plaintiffs”). Defendant C is the father of Defendant B.

B. On May 8, 2016, at the speed of 18:05 on May 8, 2016, the Plaintiff’s vehicle runs from the G apartment to the speed of about 88 km from the front of the E-gu, Chungcheongnam-si, the speed of the restriction is 70 km a speed of 70 km, at the speed of about the speed of about 88 km, the Plaintiff’s bicycle collision with the rear wheels part of the Defendant’s bicycle’s bicycle, by changing the course from the Defendant’s bicycle to the front part of the Plaintiff’s bicycle, along the three-lanes of the said road (hereinafter “Defendant bicycle”).

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

Due to the instant accident, H, who was accompanied by Defendant Bicycle, suffered injury, such as cerebral cerebral cerebrovassis, which requires at least 20 weeks of treatment.

H filed a lawsuit against the Plaintiff in Seoul Central District Court 2017Kadan17274 (self-appellant), and the above court rendered a ruling of recommending reconciliation that “the Plaintiff shall pay H KRW 810,384,650” in consideration of the deduction of the Plaintiff’s fault, etc. in the damages advance payment of KRW 56,80,000, and KRW 237,277,590 in the damages payment of KRW 810,384,650 on October 27, 204 at the end of the remaining life of the Plaintiff, KRW 45-55% on the part of the Plaintiff’s vehicle, taking into account the percentage of negligence, and KRW 101,555% on the part of the Plaintiff’s damages payment of KRW 56,80,00 and KRW 237,277,590 on the part of the Plaintiff

E. The Plaintiff paid H KRW 810,384,650 according to the decision on the recommendation for compromise, and KRW 56,800,000 for damages, and KRW 250,453,30 for medical expenses. The Plaintiff spent KRW 8,002,450 for the pertinent litigation costs.

[Ground of recognition] Facts without dispute, entry or video of evidence A 1 to 8, the purport of the whole pleadings

2. Claim against the defendant B

A. According to the fact that the occurrence of the liability for damages occurred, the instant accident is for the first and second drivers while driving a three-lane on the bicycle.