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(영문) 부산지방법원 2020.01.09 2018가단23045

손해배상(기)

Text

1. The Defendants jointly share KRW 28,620,135 as well as 5% per annum from November 23, 2015 to January 9, 2020.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition are as follows: Defendant B (hereinafter “Defendant”) driving his own car (hereinafter “Defendant”) on November 23, 2015 at around 08:40, and driving three lanes on the five-lane road at the Busan Jin-gu, Busan, as Busan, at the Busan, the direction of the error of the Plaintiff’s driver’s driving, who was proceeding from Fumde to the room of the Busan, without disregarding the signal, etc. installed at the intersection and went through the intersection as they were, while driving on the five-lane road at the intersection, in writing, at the intersection of the E Hospital, at the intersection, while driving the three-lane of the five-lane road at the intersection. The traffic accident situation investigated by the investigative agency, as shown in the attached Form, is as follows.

(hereinafter “instant accident”). Due to the shock of the instant accident, the Plaintiff suffered bodily injury from two parts, such as brain-dead sugar, two skins open, etc.

Defendant D Co., Ltd (hereinafter “Defendant Company”) is an insurer who entered into a comprehensive insurance contract with the Defendant Company.

The Defendant Company paid 3,085,550 won in total nine times from December 4, 2015 to September 7, 2018 as the Plaintiff’s medical expenses.

[Ground of recognition] Facts without dispute, Gap evidence No. 27, Eul evidence No. 1, the purport of the whole pleadings

B. (1) According to the above recognition of liability, the instant accident occurred due to the tort of Defendant vehicle entering the intersection in violation of the suspension signal, and thus, the Defendants are jointly liable to compensate the Plaintiff for the damages incurred by the Plaintiff.

(2) On or around December 7, 2015, the Defendants: (a) drafted an agreement with the Plaintiff on the instant accident, stating that “the Plaintiff shall agree on the entire legal compensation; (b) the guarantee of medical expenses shall be guaranteed until the end of December 2015; and (c) the reimbursement of dental compensation shall be separately made (hereinafter “instant agreement”); and accordingly, the Defendant’s side shall be the same month to the Plaintiff.

8. 1,800.