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(영문) 서울중앙지방법원 2015.05.14 2013나47087

구상금

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with B, including non-life-free injury to C vehicles, and the Defendant is the driver of D vehicles at the time of the following accident (hereinafter “Defendant vehicle”).

B. On October 24, 201, around 14:30 on October 24, 201, the Defendant, while proceeding the three-lane road in front of the Jin-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

C. B was diagnosed with injury, such as cerebrumin, fluorum base, fluorum base, dratum base, dratum dratum, etc., at the Jeju Hospital immediately after the instant accident, and was hospitalized at the said hospital on October 24, 201, and was hospitalized at the said hospital for about 40 days until February 24, 201, considering that he/she had lost memory, vain, and fratum, and had been hospitalized in the said hospital by the relevant hospital for about two additional years on December 13, 2011.

(A) Certificate of No. 4, Certificate of Diagnosis. d.

On January 25, 2012, B and B, the Defendant received KRW 3,500,000 from the Defendant for the settlement of the medical expenses incurred from the instant accident, etc., and concluded a mutual agreement with the Defendant. As such, the Defendant agreed to do not raise any objection or claim after the instant accident.

E. Meanwhile, on March 12, 2012, B submitted a medical certificate issued by the said hospital to the Plaintiff and received KRW 8,652,530 from the Plaintiff as compensation for injury resulting from the instant accident, and received a total of KRW 10,310,410 (excluding KRW 1,56,850) until November 2, 2012.