구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff concluded a comprehensive automobile insurance contract with respect to B automobiles.
(Insurance Term of September 24, 2009: 24:00 to September 24, 2010). B.
C On September 18, 2010, while driving the above vehicle at around 00, around September 18, 2010, C proceeded along one lane in front of the Ejundong-gu D, Seojin-gu, Seoul, along the other four lanes, and shocked F (hereinafter “victim”) who was getting a bicycle on the crosswalk and getting a bicycle on the crosswalk.
(hereinafter “instant accident”). C.
As a result, the victim suffered bodily injury, such as the pressure frame of the 4th century, 4-5 conical signboards escape symptoms, and brain, etc. on September 10, 2010, the victim received from the physician affiliated with the defendant for the 3-4-5 square metal fin (hereinafter “instant operation”).
On July 11, 2012, the injured party and his father G filed a lawsuit against the Plaintiff for damages (i.e., Jeonju District Court 2012Kadan22305 (i). On November 20, 2015, the injured party and his father G were sentenced to a judgment in favor of the Plaintiff, which ordered payment of damages for delay after the date of the accident, and the said judgment became final and conclusive on December 10, 2015.
E. In the process of the instant lawsuit, the ability of the victim to lose after the instant accident was revealed to be 27% temporarily for three years from the date of the instant surgery and 13.5% permanently thereafter.
F. By December 14, 2015, the Plaintiff paid or disbursed KRW 86,012,222 to the victim, etc. totaling KRW 86,012,222 as insurance proceeds, etc. from the instant accident.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 5, 6, Gap evidence 3-1, 2, Eul evidence 2, 4 and the purport of the whole pleadings
2. The following circumstances revealed prior to the determination of the cause of the claim, i.e., the victim’s injury injury level and degree, symptoms of the victim at the time of the instant accident, and the instant surgery, which were revealed in full view of the overall purport of the pleadings as a result of each of the medical record appraisal conducted on April 20, 2017, September 6, 2017, and April 16, 2019.