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(영문) 부산지방법원 2018.07.26 2018나44869
구상금
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the participation in the appeal is the intervenor joining the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with the Plaintiff’s Intervenor on the AEM.

B. On January 26, 2015, at around 17:25, the Defendant driven the off-to-land at the front intersection located in Busan Jung-gu, Busan, in violation of the signal to the side of the side of the side of the intersection, resulting in an accident that conflicts with the above off-to-land of the Plaintiff’s Intervenor’s driver, who was driving in the direction from the side of the intersection to the side of the side of the side of the intersection.

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

The Plaintiff’s Intervenor suffered injury, such as middle 1/3 frameworks, and non-aggravating part of the mouths, which require approximately 16 weeks of treatment due to the instant traffic accident, and was hospitalized for 12 days from January 26, 2015 to May 18, 2015, 5 days from November 9, 2016 to November 14, 2016, and 17 days from February 14, 2017 to March 3, 2017.

On March 10, 2015, the Plaintiff’s Intervenor agreed with the Defendant on March 10, 2015 (hereinafter “instant agreement”) to the effect that “A civil or criminal punishment against the perpetrator is not wanted, so the Plaintiff’s Intervenor submitted the agreement” (hereinafter “instant agreement”) and received KRW 18 million from the Defendant.

E. From July 1, 2015 to June 30, 2017, the Plaintiff paid KRW 16,213,360 for medical expenses in F Hospital hospitals, etc. from July 1, 2015 to June 30, 2017, and paid KRW 18 million for the instant agreed amount received from the Intervenor joining the Plaintiff from the Defendant. On July 25, 2017, the Plaintiff paid KRW 20 million for the agreed amount of KRW 20 million [the lost profit amount of KRW 13,587,818 for future medical expenses (specific medical expenses) KRW 4,276,370 for future medical expenses (specific medical expenses) and KRW 415,820 for consolation money and KRW 200,000 for other damages) to the Intervenor joining the Plaintiff.

F. Meanwhile, the Plaintiff, against the Defendant, from March 27, 2015 to March 27, 2015, out of the medical expenses paid by the Plaintiff to the Plaintiff’s Intervenor as the Court No. 2015 Ghana574089.

9.The Commercial Act for 15,609,690 won paid up to 25.

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