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(영문) 대구지방법원 2015.08.25 2014가단129243

구상금

Text

1. As to the Plaintiff KRW 59,294,923 and its KRW 55,989,072, the Defendant shall pay to the Plaintiff KRW 3,305,851.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to AA car (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to B personal taxi (hereinafter “Defendant”).

B. On May 8, 2014, at around 08:08, Nonparty C: (a) driven the Plaintiff’s vehicle and driven the latter road in front of the ELDP factory located in Jinyeong-dong (hereinafter “instant factory”); (b) changed the two-lanes to the two-lanes to overtake the front of the previous truck and passed the front of the foregoing factory, while driving the Defendant’s vehicle at the right side of the Plaintiff’s moving along the rear door of the foregoing factory, Nonparty C tried to find the front of the foregoing factory and avoid the Defendant’s vehicle. (c) the Defendant, who was going to turn to the right side of the direction of the Plaintiff’s moving road, was shocked and conflicting with the above factory fence.

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

In the instant accident, pedestrians D died on May 17, 2014 when receiving hospital treatment, and E, along with D, was given witnessing the instant accident and receiving mental shock treatment. The driver of the Plaintiff’s vehicle, who was injured, was damaged by the Plaintiff’s vehicle and the factory of this case.

On June 20, 2014, the Plaintiff paid KRW 9,890,720 as the above D’s medical expenses to the East School Foundation’s Private Teaching Institutes on June 20, 2014. On August 14, 2014, the Plaintiff paid KRW 550 million agreed to the deceased’s lost income, funeral expenses, and consolation money to the deceased’s bereaved families. On July 4, 2014, the Plaintiff paid KRW 5,000 as the investigation expenses in relation to the above insurance money.

In addition, by October 27, 2014, E paid KRW 1,616,140 in total to the hospital including Daegu Medical Center, etc. on July 2, 2014, the Plaintiff’s driver C paid KRW 1,080,000 with the agreed amount, and paid KRW 1,627,370 to the relevant institution by August 8, 2014 with the medical fee of KRW C.

And the plaintiff vehicle.