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(영문) 서울남부지방법원 2017.10.25 2016가단251066
손해배상(자)
Text

1. The Defendant: (a) KRW 25,649,860 for the Plaintiff and the deceased and the deceased’s attorney-at-law; and (b) from April 10, 2016 to October 25, 2017.

Reasons

1. Basic facts

A. On April 10, 2016, at around 06:45, C driven a DK7 vehicle (hereinafter “instant Maritime Vehicle”) and driven a road in front of the 38 community credit cooperatives in front of the Cropian City, at the Cropian City, along the three-lane distance from the Tropian city, to the large service distance, one lane, while a bicycle was driven along the same three-lane from the same direction to the one-lane in the same direction, C shocked A with the right side of the Iropian (hereinafter “instant accident”), and thereby, A sustained an injury of blood transfusion, etc. due to this.

B. On April 10, 2016, A was transferred to the Seoul National University Hospital after the accident, and was subject to crypting and crypting surgery on two occasions on April 14, 2016, and was hospitalized in the Chungcheong National University Hospital, Evalescent Hospital, etc., and was hospitalized in the procedure of this case on June 8, 2017 where the procedure of this case was underway.

C. On September 18, 2017, the Plaintiff, as the wife A (hereinafter “the deceased”), succeeded solely to the claim for damages arising from the instant accident through an inheritance division consultation, and took over the deceased’s legal proceedings.

Until August 3, 2017, the Defendant, the insurer of the instant Lot, paid the Plaintiff the insurance money of KRW 100,903,870, which is the sum of KRW 9 million as the damages claim, and the hospital treatment expenses of the Deceased.

[Ground of recognition] Facts without dispute, Gap 1 through 17 evidence (including each number, hereinafter the same shall apply), Eul 1 through 3 evidence, Eul 8 evidence, Eul 10 to 11, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability, it is reasonable to view that the deceased’s health conditions have deteriorated in the course of treating the injury caused by the instant accident and the symptoms caused thereby, and thus, the causal relationship between the accident of this case and the death of the deceased is recognized.

Therefore, the Defendant, who is the insurer of the instant Lives Vehicle, is the Plaintiff.

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