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1. The Defendant’s KRW 152,966,480 for the Plaintiff and 5% per annum from March 25, 2017 to July 3, 2017.
Reasons
Basic Facts
The Plaintiff, as an insurer running an insurance business, entered into a comprehensive automobile insurance contract with D with respect to his/her owner, and entered into a non-insurance automobile accident security special agreement (hereinafter “instant insurance contract”) with the insured or his/her spouse, parents, and children, on behalf of the person liable for damages, to compensate for the injury caused by an non-insurance automobile. The Defendant is the owner and the driver of F Vehicle (hereinafter “Defendant Vehicle”).
At around 15:50 on November 4, 2015, the Defendant driven the Defendant’s vehicle, resulting in an accident that caused the victim I (the spouse of the insured D) who was walking in the same direction as the H restaurant located in the G G G in the Jeon-gun, and caused the victim’s injury requiring medical treatment for 10 weeks in total due to the right sprinking the upper part of the body of the victim.
(hereinafter “instant accident.” The Plaintiff paid KRW 184,46,480 to the victim until March 24, 2017 according to the instant insurance contract, and paid KRW 152,96,480 (= KRW 184,466,480 - KRW 31,500) to the Defendant vehicle’s liability insurers.
[Reasons for Recognition] There is no dispute, according to the fact that the defendant's liability for damages was established by the determination of the grounds for a claim as to the items in Gap's evidence Nos. 1 through 11 and the whole purport of the pleading, the defendant is the owner and driver of the vehicle of this case, and is liable for all damages suffered by the victim I due to
The instant accident is difficult to deem that there was a negligence on the instant accident for pedestrians walking along the same direction as the Defendant’s vehicle gets off from the downway and kinding away from the road.
At the time of the instant accident, the Defendant did not hear the fact that the victim I sticked with his sound device at the time of the instant accident, and the victim I suffered the instant accident.