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(영문) 대전지방법원 2015.05.06 2014가단213445
구상금
Text

1. The Defendant’s KRW 78,265,560 as well as 5% per annum from October 17, 2014 to November 19, 2014 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) The Plaintiff is an insurer entrusted with the government compensation business pursuant to the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”), and is an insurer liable for the payment of insurance proceeds pursuant to a special agreement on non-life insurance for automobile with B by entering into a comprehensive automobile insurance contract with B, and the Defendant is driving a vehicle C (hereinafter “instant sea vehicle”).

(2) On September 14, 2013, the Defendant, without purchasing an insurance policy around 23:50 on September 14, 2013, operated the instant Maritime Vehicle, and was negligent in driving one-lane of the two-lane of the apartment in front of the apartment in the calculation of the first two-lane of the Shii-Eup movable property located in Seosan-si, Seosan-gu, the Defendant, as a result, did not look well at the front side and the left side of the apartment, and did not find and stop the victim B crossing the road on the right side at the left side of the

(3) The victim suffered injury, such as crossing the right side of the second parallel, which requires treatment for about 16 weeks of the instant accident.

(4) By October 16, 2014, the Plaintiff paid 113,592,270 won (i.e., medical expenses KRW 73,592,270) to the injured party B, totaling KRW 19,473,290,00,000,000,000,000,000,000 won (i.e., daily income of KRW 73,592,270,000) to the injured party

(5) Meanwhile, the victim received KRW 55 million from the Defendant as the agreed amount for the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

B. In light of the above facts, since the accident of this case occurred due to negligence of violating the defendant's duty of safe driving, etc., the defendant is liable to compensate the victim for the damages caused by the accident of this case.

(c) Limitation of liability, however, the victim was also at night at a location other than the crosswalk, and the victim was also at night responsible for the building up of the road.

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