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1. The Defendant’s KRW 43,381,190 as well as 5% per annum from January 11, 2019 to February 15, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer that entered into the F insurance contract (hereinafter “instant insurance contract”) with respect to vehicles E with D during the insurance period from October 1, 2017 to October 1, 2018, and the victim G is a child of D.
B. Around 01:13 on April 14, 2018, the Defendant driving H Oba (hereinafter “Defendant Oba”) and driving along the three-lane road in Yongsan-gu Seoul Metropolitan Government I along three-lanes from each of the three-lanes from each of the border areas to the credit acid, while driving along the three-lane road in Yongsan-gu Seoul Metropolitan Government, the Defendant is proceeding as it is against the signal signal on the crosswalk.
On the road signal normally, the G was shocked to cross the crosswalk (hereinafter referred to as the “instant accident”), and G suffered injuries, such as the left-hand slots, the top-hand slots, and the two frameworks, which require treatment for about 8 weeks.
C. G has suffered permanent disability on the slot section due to the instant accident, and the Plaintiff agreed to compensate G, an insured’s offspring’s child, in accordance with the terms and conditions, to compensate for the damage incurred by an inbound motor vehicle for the insured’s injury. From June 14, 2018 to January 10, 2019, G, etc. paid KRW 68,381,190 in total as consolation money, medical expenses, loss gains, etc., and received KRW 25,00,000 from J Co., Ltd., the insurer of the Defendant Otoba.
【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 10, and 15, the purport of the whole pleadings and arguments
2. According to the above facts of determination as to the cause of the claim, the defendant, who operated the defendant Orab, had a duty of care to proceed in accordance with the new subparagraph, caused the accident of this case by negligence in violation of the duty of care to proceed in accordance with the new subparagraph, and thus, the defendant is liable to compensate G for the damage. In the event that the insured has a duty of care to compensate for the damage caused by a traffic accident caused by an non-insurance motor vehicle, the insurer shall compensate the insured for the damage in accordance with the terms and conditions.