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(영문) 서울중앙지방법원 2021.02.17 2020나43533
손해배상(자)
Text

1. Of the judgment of the first instance, the part of the plaintiffs' failure to pay the payment order is revoked.

2...

Reasons

1. Facts of recognition;

A. The plaintiff A is the driver, the plaintiff B, C, and D of the F vehicle (hereinafter "the plaintiff vehicle"), the passenger of the above vehicle, and the defendant is a mutual aid business operator who entered into a mutual aid agreement with the G vehicle (hereinafter "the defendant vehicle") with the vehicle.

B. On March 23, 2019, when the Plaintiff’s vehicle was entering the intersection of the YU-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si (hereinafter “instant accident”), the Defendant’s vehicle entering the intersection of the YA-ri-ri-ri-ri-ri-ri-ri-ri-ri-si (hereinafter “the Plaintiff’s vehicle”) was not found, and the front part of the Defendant’s vehicle was shocked to the right side of the front part of the vehicle and the front part of the vehicle (hereinafter “the instant accident”).

(c)

By October 28, 2019, the Defendant paid KRW 7,632,640 as the repair cost of the Plaintiff’s vehicle, KRW 776,380 as the medical expenses of the Plaintiff’s Party A, KRW 964,010 as the medical expenses of the Plaintiff’s Party B, KRW 95,640 as the medical expenses of the Plaintiff’s Party C, and KRW 136,470 as the medical expenses of the Plaintiff D.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 6, 7 evidence, Eul 1 through 5 evidence (including each number), the purpose of the whole pleadings and arguments

2. Determination

A. According to the above facts, the defendant is responsible for compensating the plaintiffs for mental damage caused by the accident of this case as a mutual aid business operator of defendant vehicle.

B. Meanwhile, according to the evidence as seen earlier, the Plaintiff erred by failing to properly examine the movement of other vehicles in the process of passing through the intersection, and such error appears to have caused the accident and the expansion of damages in the instant case. Furthermore, the Plaintiffs’ age indicated in the instant case, the degree and degree of injury suffered by the Plaintiffs, the treatment period and details thereof, and the fact that the Plaintiffs are difficult to provide additional treatment while residing in the UK, shall be determined as KRW 500,00, respectively.

(c)

Therefore, the defendant is respectively against the plaintiffs.

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