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(영문) 부산고등법원(창원) 2015.12.10 2015나1089
손해배상(자)
Text

1.The judgment of the first instance shall be modified as follows:

Defendant’s successor intervenor, Plaintiff B, KRW 153,311,082 and others.

Reasons

1. In the first instance court’s trial scope against the Defendant’s Intervenor, Plaintiff B sought reimbursement of KRW 351,912,636 from the damages claim due to the instant accident (i.e., KRW 391,014,040 x 0.9), KRW 56,753,03 (i.e., KRW 63,058,893 x 0.9), solatium amounting to KRW 60,000,000, and KRW 468,665,639, and KRW 60,000 from the damages claim due to the instant accident. Plaintiff A sought reimbursement of KRW 60,00,000 for consolation money due to the instant accident.

The first instance court accepted only the total of KRW 35,189,489, consolation money, KRW 8,000,000 among the claims against the Plaintiff’s Intervenor’s Intervenor’s Intervenor’s claim against the Defendant, and accepted only KRW 5,00,000 among the claims against the Plaintiff’s Defendant.

On the other hand, the plaintiff B appealed the amount of KRW 373,476,150 (=60,000 -5,000 -5,000), which is the part against the plaintiff B in the judgment of the first instance, and the sum of the future treatment costs (=351,912,636 won - 35,189,489 won), 52,000,000 won (=60,000,000 - 8,000,000 won), which is the part against the plaintiff B in the judgment of the first instance, and the plaintiff A appealed the amount of KRW 5,00,000 (=60,000,000 - 5,000,000), which is the part against the plaintiff A in the judgment of the first instance.

Therefore, the subject of this court's judgment is limited to the plaintiffs' objection.

2. Facts of recognition;

A. The plaintiff A is the mother of the plaintiff B (F).

Plaintiff

B was registered on December 24, 2004 as Grade III with mental retardation disorder.

B. The Defendant is an insurer who entered into a comprehensive automobile insurance contract (hereinafter referred to as the “instant insurance contract”) with C, setting the insurance period from May 11, 1999 to May 11, 200, with respect to D Sicks4 dump vehicles (hereinafter referred to as “dump vehicles”).

C. At around 12:30 on June 12, 1999, C neglected to perform the duty of Jeonju-si in the process of proceeding a road located in the Dong-dong, Chang-gu, Chang-gu, Chang-gu, Seoul, Seoul, and caused the Plaintiff B (as at the time of the accident, 4:4 years old and old at the time of the accident) who was on the said road.

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

Plaintiff

B The accident of this case in this case is the inside of the right side, the typoid, the typ, the sphere sphere sphere, the sphere sphere s

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