beta
(영문) 대전지방법원 2017.10.24 2017나104246

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement for automobile damage compensation with respect to B bus (hereinafter “Plaintiff bus”), and the Defendant is a person who has entered into a liability insurance contract with Samsung Fire Marine Insurance Co., Ltd. (hereinafter “Defendant”) on the Defendant’s passenger vehicle (hereinafter “Defendant vehicle”).

B. On April 18, 2014, the Defendant: (a) driven the Defendant’s vehicle at around 17:20 on April 18, 2014; (b) moved to the front of the male elementary school located in Asan City bypassing from the room to the room of a male elementary school; (c) was shocked by the front part of the Plaintiff’s bus, who was on the front front of the seat of the Defendant’s driver’s seat, and accordingly, was injured by D, E, etc., and the Defendant, who was on board the Plaintiff’s bus, sustained injuries.

(hereinafter “instant traffic accident”). C.

In the instant traffic accident, the Plaintiff paid D KRW 520,00,000 for agreed fees, KRW 520,00 for Hanwon on June 10, 2015 (the date of treatment refers to May 29, 2014), KRW 53,200 for Hanwon, and KRW 959,750 for Hanwon on January 20, 2016 (the date of treatment is from April 21, 2014 to May 20, 2014), KRW 1,532,950 for KRW 520,00 for the instant traffic accident, KRW 53,200, KRW 959,750 for the treatment expenses, KRW 47,360 for D treatment expenses on April 29, 2014, KRW 360 for which the Defendant subscribed to the Plaintiff as part of the liability insurance amount, KRW 75,750,00,000 for the Defendant’s insurance policy.

In addition, on May 30, 2014, the Plaintiff paid KRW 338,800 for E, and KRW 310,770 for medical expenses on June 20, 2014. Samsung Fire paid KRW 611,100 for E’s medical expenses, and on October 13, 2014, paid KRW 18,900 for the Plaintiff, excluding the above KRW 611,100,00 for the maximum liability insurance amount.

E. Meanwhile, from May 16, 2014 to July 22, 2016, the Plaintiff spent KRW 3,809,470 as medical expenses for the instant traffic accident.

[Reasons for Recognition]