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(영문) 서울중앙지방법원 2018.01.24 2017나37453
손해배상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. The Plaintiff is the driver of the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle C (hereinafter “Defendant’s vehicle”).

B. Around 13:40 on May 25, 2016, while the Plaintiff’s vehicle charged fuel in E charging stations located in Gangnam-gu Seoul Metropolitan Government, there was an accident where the front part of the Defendant’s vehicle, which was in progress to charge fuel at the charging stations located behind the Plaintiff’s Mad Plaintiff vehicle, contacts with the rear part of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On May 27, 2016, the Plaintiff was hospitalized in a herb hospital and discharged on the 28th day of the same month after receiving a diagnosis of “a clinical presumption” with “a clorical presumption,” which requires approximately two weeks of medical treatment.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff caused the instant accident caused by the negligence of the driver of the Defendant’s vehicle claiming that the Plaintiff sustained the injury of the Plaintiff’s “satisf, tensions, cages and tensions of cage cage satfages, and tensions,” and the Defendant is obligated to pay KRW 3,00,000 for the total of KRW 1,57,520,000 for the remaining disability compensation incurred by the Plaintiff’s medical treatment for the treatment of the said injury, as the insurer of the Defendant’s vehicle, and for the specific purpose, KRW 742,480 for the damages and losses incurred by the Plaintiff due to the instant accident.

B. The instant accident alleged by the Defendant was a minor accident that had little impact on the Plaintiff’s vehicle and the Defendant’s vehicle.

Nevertheless, the plaintiff suffered bodily injury due to the accident of this case and received excessive treatment, such as hospitalization, etc. in the hospital, and the above treatment costs and the plaintiff asserts.

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