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(영문) 서울중앙지방법원 2020.12.17 2020나46389
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with Csi Vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer that has entered into a motor vehicle insurance contract with D cleaning vehicles (hereinafter “Defendant”).

B. On October 6, 2018, around 02:01, there was an accident (hereinafter “instant accident”) involving the shocking of the Plaintiff’s vehicle while driving ahead of the left side part of the Defendant’s vehicle, which was parked on the two-lanes in Nam-gu Incheon Metropolitan City E. (hereinafter “instant accident”).

C. At the time of the instant accident, H and I (hereinafter “victims”) were on board the backboard of the Defendant’s vehicle, and due to the instant accident, H suffered injuries, such as the upper right-hand opening frame, the first-hand double-sliding laverization of the upper right-hand laver, and I suffered injuries, such as salt, tension, etc. of the laver.

The Plaintiff paid H the sum of KRW 53,553,070 by May 30, 2019, KRW 496,620 by October 23, 2019, and KRW 264,049,69,690 by agreement on May 21, 2019.

The details of the agreement are 2,00,000 won for consolation money, 20,973,392 won for non-business suspension loss, 170,236,00 won for loss compensation, and 136,00 won for other damages, 10,99,620 won for future treatment, 5,698,980 won for nursing expenses, and 5,980 won for nursing expenses.

The Plaintiff adjusted and deducted KRW 43,992 from the above agreed amount to H.

E. By November 28, 2018, the Plaintiff paid 1,043,600 won in aggregate of 293,600 medical expenses and 750,000 won in agreement.

The details of the agreement are KRW 150,00, and KRW 24,000, and KRW 576,00,00, for future treatment expenses.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 8, 9, 13, 14, 15, 26, Eul evidence No. 2 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the victims of the accident of this case were injured by the victims of this case = 265,093,290 won in total under the name of medical expenses and agreement = 264,049,690 won in payment to H.

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