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(영문) 대구지방법원 2017.12.20 2017나307618
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. On January 17, 2013, the Plaintiff entered into a comprehensive insurance contract for professional car with professional car with which the injury was secured by B and non-insurance vehicles. The insurance period from February 6, 2013 to February 6, 2014. The scope of the insured includes the parent of the registered insured (unwritten whether or not the insured was on board the vehicle). B’s father C (D resident; hereinafter “victim”) of B (hereinafter “victim”) around May 16, 2013, at the same time as the mother located in the YY-gu Man-gu, Daegu Sin-gu, Daegu (hereinafter “instant accident”). Around May 15:32, 2013, the Plaintiff suffered injury, such as cerebr-do, cerebr-do, cerebr-do, e.g., the Defendant’s vehicle at the crosswalk at the entrance of the crosswalk at the top (hereinafter “the instant accident”).

At the time, the victim, while the pedestrian signal of the crosswalk is red, walked the crosswalk from the side of the shape to the opposite side, reported the gar-string vehicle that proceeds from driving on the direction of the mother side by stop in the vicinity of the central line, and sent the gar-string vehicle by sending the gar-string vehicle, and without examining the progress of the subsequent vehicle, followed the Defendant's vehicle by driving on the crosswalk again. The Defendant caused the instant accident by negligence that followed the gar-string vehicle and did not look well at the front side.

3) The Defendant paid 4,500,000 won to the victim. 4) The Plaintiff paid 57,127,330 won to the victim’s medical expenses. On December 29, 2014, the Plaintiff agreed to compensate for damages in KRW 110,000 with B representing the victim, and paid the victim the above agreed amount.

In addition, the victim transferred to the plaintiff all the claim for damages against the defendant.

5) The Plaintiff received KRW 52,011,010,010 from the Insurance Company for the Damage Insurance against ELA, an insurance company of the accident, the Plaintiff. 6) The victim sustained hospitalized treatment after the instant accident, and died on January 30, 2015, which was one month after the date on which the agreement for damages was reached.

[Reasons for Recognition]

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