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(영문) 대구지방법원 2018.06.08 2018나301402

손해배상(자)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is an insurer who has concluded an automobile insurance contract with C Co., Ltd. and D Cargo Vehicles (hereinafter “Defendant Vehicles”) owned by C Co., Ltd.

B. On March 21, 2009, when the Plaintiff was driving a bicycle on the alleyway adjacent to G in F at the time of permanent residence on March 21, 2009, there was an accident that the Plaintiff faced with the Defendant’s vehicle (hereinafter “instant accident”).

C. The Plaintiff was hospitalized in a H hospital on the day of the instant accident, and was diagnosed as “the brain sin and tensions and tensions of the bones, etc., saltss and tensions of the bones, knee’s saltss and knee’s knee’s knee’s tye,” and received treatment for five days until March 25, 2009.

On March 26, 2009, the Plaintiff hospitalized in the Gyeongbuk University Hospital and received sexual surgery by April 1, 2009. On April 1, 2009, the Plaintiff spent KRW 352,180 as the medical expenses.

E. Around December 2010, the Plaintiff filed a lawsuit against the Defendant seeking the payment of consolation money of KRW 3 million in accordance with the instant accident at a permanent resident city court in Ansan-dong District Court (No. 2010Gaho5601). On March 25, 2011, the said court rendered a decision to recommend reconciliation that “the Defendant shall pay to the Plaintiff KRW 900,000 to the Plaintiff by April 15, 201. However, if the Defendant fails to pay the said amount on the said payment date, the damages for delay shall be additionally paid at the rate of 20% per annum from the day following the said payment period. The Plaintiff renounced the remaining claims.” The said decision became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Eul 1, 2 (including each number), the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff suffered a loss equivalent to the daily income from which 10,000 won can not be obtained by being hospitalized in a hospital on March 24, 2009 due to the instant accident. On April 1, 2009, the plaintiff suffered a loss from disbursement of 352,180 won from sexual surgery and medical expenses at the Gyeongbuk University Hospital on April 1, 2009.

Therefore, the defendant is 360,000 won (3.50,000 won + lost income 10,000 won) as compensation for damages caused by the illegal act to the plaintiff.