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(영문) 서울중앙지방법원 2020.10.16 2020나7674

구상금

Text

Of the judgment of the first instance, the part against the plaintiff corresponding to the amount ordered to be paid additionally shall be revoked.

Reasons

1. Facts of recognition;

A. The relevant Plaintiff is a mutual aid business entity that entered into a mutual aid agreement for D vehicles (hereinafter referred to as “Defendant vehicles”) with respect to C vehicles (including when a driver is referred to). The Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to D vehicles (hereinafter referred to as “Defendant vehicles”).

B. On March 17, 2019, around 00:35, the Plaintiff’s vehicle was driving in the vicinity of the Yeong-dong, Busan, Busan, Seodong funeral distance along the two-lanes among the three-lanes of funeral distance from the original shooting distance. However, there was a traffic accident in which the front part of the Defendant’s vehicle whose lane changed from one lane to two lanes and the rear part of the driver’s seat of the Plaintiff vehicle conflict (hereinafter “instant accident”), and the details thereof are indicated on the attached site map.

C. At the time of the instant accident, passengers E and F were on board the Plaintiff’s vehicle at the time of the instant accident, but the Plaintiff paid KRW 1,200,000 for mutual aid and KRW 517,160 for medical expenses and KRW 1,200 for agreement and KRW 512,310 for medical expenses and KRW 3,429,470 for mutual aid until June 25, 2019.

The grounds for the Plaintiff’s calculation of each of the above agreements to E and F are as follows:

EF 1,200,00 won 150,000 won 150,000 won 150,079,079 won 489,504 won 168,000 won for future treatment expenses of KRW 392,496 in aggregate (turging less than 1,200,000 won) 1,20,000 won for future treatment expenses of KRW 392,496 / 1,20,000 [based on recognition] without any dispute, Gap 1-5,7-10 evidence, Eul 1’s entries and videos of evidence of subparagraph 1, and the purport of the whole pleadings

2. The parties' assertion

A. At the time of the instant accident, the Plaintiff’s vehicle was driving a two-lane normally, but the instant accident occurred due to the total negligence of the Defendant vehicle that did not fulfill its duty of care.

Therefore, the defendant shall pay the plaintiff the total amount of KRW 3,429,470 paid by the plaintiff to E and F as mutual aid money, and the delay damages therefor as compensation.