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(영문) 서울중앙지방법원 2016.04.28 2014나50943

구상금

Text

1. According to the Plaintiff’s expansion of the purport of the claim, Paragraph 1 of the judgment of the first instance is as follows.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer which has entered into an automobile insurance contract that includes a special agreement on accident security (hereinafter “non-life insurance special agreement”) with respect to the automobile C (hereinafter “Plaintiff”), with respect to which the Plaintiff entered into the automobile insurance contract with Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Nuri Sea”), and the Defendant is a driver of the D vehicle that entered into only a personal liability insurance contract with the Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Nuri Sea”).

B. At around 21:00 on February 27, 2013, the Defendant: (a) driven the Defendant’s vehicle while driving the Defendant vehicle in a state of non-license or drinking; and (b) was driving on the road near the Chungcheongnam-dong Saemaeul Undong, Chungcheongnam-gu, Chungcheongnam-gu; (c) the driver of the Plaintiff vehicle concealed the Plaintiff vehicle; and (d) the driver of the Plaintiff 2 suffered an injury, such as

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

From March 25, 2013 to August 22, 2014, the Plaintiff paid KRW 5,347,320,000 in aggregate of the medical expenses in B to the Medical Corporations, Plus Foundation, etc. under a non-insurance special agreement. On March 18, 2015, the Plaintiff paid KRW 3,00,000 with the agreed amount, and received KRW 2,40,000 from the modern marine insurance.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, since the accident of this case occurred due to the negligence of the defendant's violation of the duty of pre-determination, etc., the defendant is obligated to pay the insurer the compensation by subrogation.

Furthermore, according to the health department, Gap evidence 7 (including the provisional number) as to the scope of compensation for damages, since Eul was actually hospitalized in the E Hospital from February 27, 2013 to March 19, 2013 due to the instant accident, it is recognized that the medical expenses of KRW 2,813,940 paid to the medical corporation Foundation on March 28, 2013 are deemed to have a proximate causal relation between the instant accident and the instant accident, but the remainder of the claim amount for the medical expenses of KRW 2,813,940 is estimated from the date of the instant accident to the plaintiff.