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(영문) 서울중앙지방법원 2014.08.22 2011가단346147
손해배상(자)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 4,263,089 to the Plaintiff (Counterclaim Defendant) and its amount from August 3, 2009 to August 22, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. B, on August 3, 2009, driving a CA car (hereinafter “Defendant vehicle”) around 16:00, while driving a one-lane road near the back of the D foreign exchange bank in Gwangjuyang-si, the Plaintiff was shocked between the vehicles parked on the right side of the running direction of the Defendant vehicle and the left side, resulting in the Plaintiff crossinging the said road on the left side and resulting in the left side of the Plaintiff.

(hereinafter “instant accident”). (b)

From August 4, 2009 to August 6, 2009, the Plaintiff was hospitalized in the E Hospital located in Mayang-si, and was discharged after receiving medical treatment in relation to the above injury. On October 13, 2009, the Plaintiff was hospitalized on October 26, 2009, under the diagnosis of the complete malute, salute, salute, salute, salute, salute, salute, salute, salute, salute, salute, salute, salute, salute, salute, salute, salute, salute, salute, salute, salute, salute, salute, salute from October 26, 2009 to December 30, 2009

C. The Defendant is an insurer who entered into an automobile comprehensive insurance contract regarding the Defendant’s vehicle, and the Defendant paid the Plaintiff KRW 650,000 on September 17, 2009 as damages for the instant accident, and also paid the Plaintiff KRW 9,267,60 in total as hospital treatment expenses from September 17, 2009 to July 10, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 1, 2, and 9 (including each number), the video, and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion is the cause of the principal claim. The Plaintiff asserted that, due to the instant accident, the Plaintiff sustained injury, such as the anti-monthly depression, anti-monthly damage from the inner side of the right slot and the anti-monthly damage, and the left sloping damage, and the left sloping damage, and that, thereby, caused the subsequent disability.

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