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(영문) 춘천지방법원원주지원 2020.09.23 2020가단53660
구상금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 28,450,220 to the Plaintiff (Counterclaim Defendant) and its related amount from April 2, 2019 to September 23, 2020.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with C with respect to Dump trucks owned by it (hereinafter “instant truck”).

B. C around November 14, 2018, around 14:03, around 2018, parked the instant truck on the two-lane two-lane road in front of the F-City E.

C. At around 18:07 on the same day, the Defendant: (a) driven the instant truck driver’s seat on the side of the instant truck parkeded in the Gmast from the said two-lane area along the two-lanes of the said road; (b) was thereby suffering from injury, such as scarping, smoke-keing, scokeing, scokeing, scokeing, scokeing, scokeing, scokeing, etc.

(hereinafter “instant accident”). D.

From December 19, 2018 to March 11, 2019, the Plaintiff paid totaling KRW 28,450,220 to the Defendant’s medical expenses incurred from the instant accident as follows:

The amount paid on the date of payment (the original payment) 1 December 19, 2018 at the International Hospital 4,933,900 on December 19, 2018, 219: (a) the entries in the evidence 21,323,830 of the International Hospital 21,323,830 on January 7, 2019; (b) the J Hospital 589,290 on January 29, 2019; (c) the J Hospital 1,567,910 on January 30, 2019; (d) there is no dispute over the aggregate 28,450,290 [applicable] of the I Hospital 35,290 on March 11, 2019; (e) the entries in the evidence 1 through 3; and (e) the purport of the entire pleadings and arguments in the evidence 1 through 3.

2. The assertion and judgment on the principal lawsuit and the counterclaim

A. The summary of the parties' assertion 1) The plaintiff's assertion (the accident of this case, which is the cause of the main claim, occurred due to the defendant's unilateral negligence, and C, which is the owner of the truck of this case, is not negligent, and C is not liable for the damage suffered by the defendant due to the accident of this case, and therefore, as the insurer, the plaintiff is not liable for the payment of insurance money related to

Nevertheless, the plaintiff paid KRW 28,450,220 for the defendant's medical expenses to the medical institution that received treatment. The defendant's benefit equivalent to the medical expenses paid by the plaintiff is a law.

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