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(영문) 의정부지방법원 2018.09.13 2017나214139
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant)’s main claim and the reduced Defendant (Counterclaim Plaintiff) that changed in exchange at the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with C and D (hereinafter “Plaintiff vehicle”), and the Defendant is the driver of I vehicle (hereinafter “Defendant vehicle”).

B. At around 13:00 on March 14, 2003, C, while driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle in front of the G cafeteria in the vicinity of the F Station located in Yongsan-gu, Seoyang-gu, Seoyang-si, the lower part of the K Driving who was signaled in the front section of the Plaintiff’s vehicle (hereinafter “J Driving Vehicle”).

For this reason, the back part of the Defendant’s vehicle, which was in the present signal atmosphere, was concealed into the front part of the J Driving Vehicle.

(hereinafter referred to as “instant accident”). C.

Due to the instant accident, the backer of Defendant vehicle was destroyed due to the instant accident, and the Plaintiff paid KRW 341,00 at its repair cost.

The defendant was diagnosed on the scopical base, the scopical base, the scopic base, and the scopical base in need of approximately three weeks of medical treatment in L Council members, and was hospitalized from March 14, 2003 to March 28, 2003.

In addition, the defendant was hospitalized at H Hospital from May 6, 2003 to May 16, 2003, and from June 21, 2003 to July 5, 2003.

E. From March 14, 2003 to April 11, 2017, the Plaintiff paid the Defendant totaling KRW 14,700,460 to each medical institution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 9, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Although the Plaintiff’s assertion that the instant accident is insignificant, the Defendant asserted the escape certificate of a conical signboard, and continuously received treatment until around April 2017.

However, the escape certificate of the defendant's protruding signboards is not caused by the accident of this case, but caused by the defendant's king evidence.

Therefore, the defendant's accident of this case among the medical expenses of 8,409,820 won paid by the plaintiff to the plaintiff from May 27, 2004 to April 11, 2017.

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