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(영문) 서울중앙지방법원 2018.01.26 2015가단5128311
손해배상(자)
Text

1. The Defendant’s KRW 150,272,565 as well as the Plaintiff’s annual rate from August 7, 2013 to January 26, 2018.

Reasons

1. Facts of recognition;

A. On August 30, 200, the driver of the vehicle B (hereinafter referred to as the “Defendant vehicle”) driven the Defendant vehicle at around 10:30 on August 30, 200, while driving the road in front of the Goyang-gu Seoul Metropolitan City 4, Mangyeong-gu Gao 3 Complex, Goyang-si, the Plaintiff (C students, 5 years of age at the time) was shocked.

(hereinafter “instant accident”). B.

The Plaintiff suffered injury, such as the removal of the foundation abandonment on the left-hand side due to the instant accident.

C. The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

around February 27, 2001, the father who is the legal representative of the Plaintiff (hereinafter “Plaintiff”) agreed with the Defendant to receive KRW 35,119,500 calculated as follows (hereinafter “instant agreement”), and received the said agreement from the Defendant.

Details of calculation of agreed amount (A evidence 1)

1. solatium: 760,000 won; and

2. Expenses for future treatment: 35,000,000 won (sexual surgery).

3. Expenses for direct payments: 19,500 won 35,879,500 won ¡¿ 70% = 25,115,650 won;

4. The amount appropriated for medical expenses = 14,541,630 won ¡¿ 30% = 4,362,480 won 25,115,650 won - 4,362,480 won = 20,753,170 won, and thus, payment of future medical expenses and direct payments for treatment expenses 35,119,50 won.

E. The Defendant paid the Plaintiff’s medical expenses of KRW 14,519,630 incurred by the date of the instant agreement to the hospital.

F. On March 16, 2001, the Plaintiff was registered as a person with disabilities of grade 6.

G. After that, from December 29, 2006 to October 30, 2007, the Plaintiff spent KRW 685,320 as medical expenses after performing surgery, such as correctional dysium, dysium surgery, and dysium surgery.

H. The Plaintiff currently has a permanent disability, such as a axis or a salivation on the left-hand side, and requires 3,240,000 won at the cost of metal plates and metal or salivations inserted in the non-alleys, and requires special oral remarks (unit price of 220,000 won, and 2 years) as auxiliary devices based on the above disability.

[Reasons for Recognition] A-1-8 evidence, Eul-1 and 2 (including paper numbers), and the result of the commission of physical appraisal to the head of the Gyeonghee University Hospital.

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