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(영문) 의정부지방법원 2019.01.16 2018가단102546
구상금
Text

1. The defendant shall be jointly and severally with C to the plaintiff KRW 20,000,000 and shall be annually from February 8, 2018 to January 16, 2019.

Reasons

1. Basic facts

A. At around 17:50 on October 3, 2013, C driven a DBS passenger car without obtaining a driver’s license (hereinafter “fluoring vehicle”) and neglecting the front side of the said vehicle, while driving a two-lane of the 3-lane road located in Dobong-gu Seoul, Dobong-gu, Seoul, which is located in 9160, into the front side of the said vehicle, along the two-lanes of the Dowing-gu road in front of the Dowing-in Station located in 9160. When the Mad pedestrian signal is a red signal, C was shocked into the front side of the said vehicle by the front side of the said vehicle.

(hereinafter “instant accident”). (b)

As a result, E suffered from injury, such as cerebral ties, traumaal typosis, external cerebral cerebral typosis, and open typosis.

C was indicted on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents due to the instant accident and sentenced to a suspended sentence of one year on May 8, 2014.

(Seoul Northern District Court 2013 Highest 3261). (c)

Under the National Health Insurance Act, the Plaintiff paid KRW 37,869,990 out of the E medical expenses incurred from October 3, 2013 to May 14, 2014, to the relevant medical care institution, as a non-profit public interest corporation established to manage and operate the health insurance business for the prevention, diagnosis, and rehabilitation of diseases and injury, childbirth and death, and for the improvement of health.

Since then C paid KRW 800,000 to the Plaintiff upon the Plaintiff’s claim for reimbursement.

The E and E’s children (hereinafter collectively referred to as “E, etc.”) filed a lawsuit against C and F for compensation for damages, and the judgment was rendered that “C and F jointly calculates E’s fault that contributed to the instant accident as 30% on July 7, 2015, and pays E KRW 343,263,512 and E’s children each five million won and damages for delay.” The judgment became final and conclusive around that time.

(No. 2014da103046, hereinafter referred to as the “instant case-related judgment”). E.

On the other hand, the defendant is insured as the insured with respect to the Lives Vehicle.

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