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(영문) 서울중앙지방법원 2016.07.15 2014가단5344338
구상금
Text

1. The Defendant: KRW 32,113,652 to the Plaintiff and KRW 5% per annum from August 30, 2013 to January 23, 2015.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract between B and B, setting the insurance period as one year from April 12, 201 with respect to the C-owned vehicles from April 12, 201, and D is the insured of the said insurance contract.

B. On December 14, 201, at KRW 00:23, 201, E driven a G Kanman car registered in the name of the Defendant (hereinafter “Defendant vehicle”) on the road in front of the Seoul Special Metropolitan City, Seocheon-gu, Seocheon-si (hereinafter “Defendant vehicle”) and set the test fees by means of H driver and driver of H while driving the G Kanman car in front of the Defendant’s name.

The passenger D, who temporarily stopped in the air due to the signal of the E, set off the vehicle from the above taxi as the Defendant’s vehicle in front of the Defendant’s vehicle and the Defendant’s vehicle beams, and E, at a speed of about 40 km and speed above the speed of about 40 km in the speed of the vehicle in front of the J of the Seocho-gu, Seoul Special Metropolitan City.

As a result, D's head, etc. was significantly different from the road floor.

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

In relation to the instant accident, the Plaintiff paid D KRW 85,67,170 as medical expenses until August 29, 2013, and paid KRW 11,980,00 as the remainder of the damages (the amount obtained by deducting KRW 37,635,632, which is the amount equivalent to the ratio of negligence in D, from the total amount of damages calculated by applying KRW 35% as the ratio of negligence in D) from the total amount of damages, the amount of KRW 9,980,00 and the amount of KRW 8,00,000 paid under the government security business, and the amount of KRW 8,00,000,000, which is the amount equivalent to the ratio of negligence in D, out of the previous medical expenses and future medical expenses).

In the above insurance money paid by the Plaintiff, the amount of KRW 29,38,962 out of the medical treatment amount and KRW 2,724,690 of the damages shall be deducted from Hyundai Cargo Insurance Co., Ltd. and E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. One party’s assertion that liability for damages occurred.

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