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(영문) 서울중앙지방법원 2020.10.30 2019가단5028082

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 10, 2016, the Plaintiff was driving a registered Oral Traca on February 10, 2016, and was driving a two-lane road in front of the D market in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, along with the vehicle driving signal, and received E without permission crossing the crosswalk from the right side of the front bank to the left side of the pedestrian stop signal.

(hereinafter “instant accident”). B.

In the instant accident, E suffered injuries that require 10 weeks of full care, such as the grasium of the right balone, the balone of the steel balone, the balone of the steel balone, the balone of the left balone, the left balone of the steel balone, etc., and the medical expenses incurred therefrom are KRW 32,993,620,620,000 for the future medical expenses (in the case of external or sexual

C. By June 20, 2018, the Defendant paid 20,000,000 won, which is the insurance money for the injury of E, to the F Hospital, as an agent for government assistance projects.

With respect to the claim amount case filed by the Defendant against the Plaintiff, the Seoul Central District Court 2018Gabu2572419 (referring to the Plaintiff in this case) decided on September 29, 2018 to pay 20,000 won to the Defendant (referring to the Defendant in this case) (the same amount as the above claim amount paid by the Defendant as the government security agent) and 5% per annum from September 20, 2016 to September 18, 2018 (the service date of the complaint in this case) and 15% per annum from the next day to the day of full payment.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-12, Eul evidence No. 1-4, the purport of the whole pleadings

2. Assertion and determination

A. The grounds for the Plaintiff’s claim and the “the changed grounds for the claim” are indicated in the annexed sheet of claim.

B. The proviso of Article 3(1)2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act provides that where the amount of damage suffered by the victim falls short of the corresponding amount of medical fees calculated according to the standard of medical fees under automobile accident insurance as provided in Article 15(1) of the Guarantee of Automobile Accident Compensation Act, the corresponding amount of medical fees shall be