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(영문) 울산지방법원 2020.08.26 2018가단64100
손해배상(자)
Text

The defendant paid KRW 137,954,289 to the plaintiff and 5% per annum from September 13, 2016 to August 26, 2020.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are D vehicles on September 13, 2016 (hereinafter “Defendant vehicles”).

) During the course of driving a road in front of the area E in Suwon-si, the Plaintiff, a manager of the commercial parking lot in front of the guard room, was shocked with the Plaintiff who was going outside the parking lot collection room (hereinafter the above traffic accident referred to as “instant accident”).

2) The Plaintiff suffered serious injury, such as blood transfusion, etc., due to the instant accident.

3) The Defendant is an insurer who entered into an automobile comprehensive insurance contract with the Defendant vehicle. 4) The Plaintiff received hospitalized treatment at a F Hospital, G Hospital, H hospital, and I convalescent hospital, etc. from September 13, 2016, and after May 1, 2018, the Plaintiff was hospitalized at the J Care Center.

5) From September 13, 2016 to June 30, 2018, the Ulsan District Labor Welfare Corporation paid to the Plaintiff KRW 31,379,360 as temporary layoff benefits for the period of medical care, and KRW 101,265,50 as medical care benefits, and KRW 35,195,160 as disability benefits, and KRW 167,840,020 as disability benefits. Of them, the amount of medical care benefits paid as “the amount of medical care benefits paid” in relation to the instant accident is KRW 18,485,80. 【The fact that there is no dispute over the basis for recognition, evidence Nos. 1, 2, and 1, each fact inquiry by the Korea Labor Welfare Corporation and G Hospital, the result of the fact inquiry by this court, and the purport of the entire pleadings as a whole.

B. According to the above recognition of liability, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle, barring any special circumstance, since the Plaintiff was injured by the operation of the Defendant’s vehicle.

C. However, according to the facts acknowledged earlier, there is some negligence, such as ordering the movement of vehicles entering a parking lot at a safe place in preparation for the case of the plaintiff, and failing to perform his/her duty to ensure his/her own safety, such as the collection of parking fees, and the plaintiff's negligence.

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