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(영문) 서울중앙지방법원 2018.09.28 2017나37538
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract that contains a special agreement on coverage by non-insurance vehicles (hereinafter “non-insurance special agreement”) with the insured as E for E and F vehicles, who are the spouse of D.

Defendant B’s driver of G vehicle (hereinafter “Defendant vehicle”), Defendant C is the owner of the Defendant vehicle, and Defendant C entered into a liability insurance contract (personal compensation 1) with H Co., Ltd. (hereinafter “I”), regardless of whether it was before or after the mutual change.

B. On July 11, 2014, Defendant B, driving the Defendant’s vehicle, with the operation of the Defendant’s vehicle, putting the front of the K cafeteria in front of the K cafeteria which is located in the GJ of Gyeonggi-gu, G. H., on the G. H.

In order to avoid the collision with the vehicle running on the side of the arboretum, which reduces speed above the speed level, the driver's vehicle was returned to the left side and the left side of the defendant vehicle was placed on the side of the opposite direction agricultural road (hereinafter "the accident of this case"), and as a result, D, who was boarding the back seat of the defendant vehicle, suffered injury, such as the alley of the upper part above the left side of the vehicle.

The above injury falls under class 6-11 of the Enforcement Decree of the former Guarantee of Automobile Accident Compensation Act (amended by Presidential Decree No. 25940, Dec. 30, 2014; hereinafter referred to as the “Enforcement Decree of the Automobile Accident Compensation Act”) [Attachment 1] and falls under class 6-11 of the injury class. The maximum amount of liability insurance premium is KRW 5,00,000.

C. D received outpatient treatment at the Gangwon University Hospital on July 11, 2014, which was on the date of the accident, and received hospitalized treatment at Lununch, Minwon, and Ninwon from July 12, 2014 to October 11, 2014.

In addition, after being hospitalized or discharged during the above period of hospitalization, the hospital, P hospital, Q's Council members, Licinary department, R Hospital, etc. received outpatient treatment.

D = 18% of the disability in the upper part of the upper part of the upper part of the training course due to the instant accident, Korea Market Sea, Section Ⅱ-A-4 of the Mloved Disability Assessment Table, and occupational coefficient 5.

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