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(영문) 광주지방법원 2020.02.14 2019나54459
구상금
Text

1. Of the judgment of the court of first instance, KRW 2,172,023 against the Plaintiff and its related thereto from November 1, 2018 to February 14, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract (hereinafter “instant insurance contract”) with C in addition to a special agreement on “injury by Non-Insurance Vehicles” with respect to D motor vehicles.

B. On August 29, 2017, when the Defendant driven a E E E TCo vehicle (hereinafter “Defendant vehicle”) and was driving a 390-lane 390-lane from Serogian to Serogy, the Defendant did not discover F, which is the mother of C crossing the road, on the right side of the road, and did not discover F, and received F, the left side part of the said vehicle (hereinafter “instant accident”), and F did not receive approximately 12-day medical treatment due to the instant accident, for about 12 weeks, due to the instant accident, he/she sustained the pertinent water supply standard under Article 3(1) [Attachment 4] of the Enforcement Decree of the Automobile Accident Compensation Guarantee Act, such as the influence of the details of the trend, the influence of the erog, the influent frame of the two sides, the influent dust in two opening, the influence of the upper left part, the injury of the left part, etc.

C. At the time of the instant accident, the Defendant’s vehicle was subscribed only to the G Co., Ltd. (hereinafter “G”), and thus, the instant insurance contract constitutes “non-insurance vehicle” under the instant insurance contract. The Defendant’s insurance contract, the insured of the non-insured motor vehicle, was a total of four cases including the instant insurance contract and the instant insurance contract with H (hereinafter “H”) as the insurer.

Accordingly, H first paid KRW 38,774,040 in total for medical treatment expenses, KRW 310,220 in medical advisory expenses, and KRW 9,00,00 in total for agreed money including future medical treatment expenses, and received KRW 9,00,00 in total for liability insurance proceeds from G.

H Totaling KRW 39,084,260,00 = Medical expenses 38,774,040,040,000.

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