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(영문) 서울중앙지방법원 2018.08.23 2015가단195804
구상금
Text

1. The Defendant’s KRW 38,447,246 and the Plaintiff’s annual rate of KRW 5% from July 20, 2013 to August 23, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with C, which includes a special agreement on indemnity against non-life insurance for his own vehicle, and the Defendant is also the driver and owner of DNA (hereinafter “Defendant vehicle”).

B. Around 13:00 on September 14, 2012, the Defendant, while driving the Defendant’s vehicle and driving the Defendant’s vehicle along the two-lanes from the Eside area located in Seoul Special Metropolitan City, Nowon-gu, to the Fside, was shocked by H (C’s length; hereinafter “victim”) who unclaimedd the Defendant’s vehicle to the left-hand side from the right-hand side before G apartment.

(hereinafter “instant accident.” The details of the instant accident are as indicated in the attached Form. The victim suffered injury, such as emphasizing eromatic eromatic eromatic erode and eromatic eromatic eromatic eromatic erode, etc., which had no open address.

C. On June 13, 2013, the Plaintiff asserted that the final payment date of insurance proceeds was July 19, 2013 in accordance with the special agreement on indemnity against non-insurance vehicles, but the final payment date recognized by evidence is June 13, 2013.

Until now, 47,300,000 won was paid for the medical expenses of the victim. According to the above special agreement, 29,38,410 won for future medical treatment expenses, 16,211,590 won for gains from loss, 2,400 won for 24 months, 2,400,000 won for consolation money, 48,000 won for the victim's negligence and 4,730,000 won for the victim's negligence (47,30,000 won for 47,300,000 won for 10,000,000 won for the Defendant's deposit, and 28,470,000 won for the remainder after the Defendant deducted for 10,000,000 won for the victim's wife on June 7, 2013 and on October 2, 2013.

The criteria for the payment of insurance money according to a special contract for indemnity against non-life insurance for the plaintiff are as shown in the attached Form.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Scope of the Plaintiff’s indemnity subrogated by the insurer.

(a)in respect of an non-insurance motor vehicle;

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