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(영문) 서울중앙지방법원 2016.08.26 2016가단5026122
구상금
Text

1. The Defendant’s KRW 29,00,000 as well as the annual rate of KRW 5% from July 3, 2015 to February 24, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

가. 인정사실 1) 원고는 B과 C 차챵(이하 ‘원고 차량’이라 한다

(2) On July 14, 2014, the Defendant: (a) driven a D vehicle (hereinafter “Defendant”) on July 14, 2014, driving the vehicle, which was in charge of compensating the damage suffered by the victim of a traffic accident caused by a motor vehicle operated by a person who is not an owner of the motor vehicle accident compensation insurance, under the Guarantee of Automobile Accident Compensation Act, after being entrusted with the business of guaranteeing motor vehicle accident compensation by the Minister of Land, Infrastructure and Transport pursuant to the said Act; and (b) was driving the vehicle on July 14, 2014; and (c) was driving the vehicle on the Incheon bank according to two-lanes of the two-lane in the Madong-dong E-dong E-dong E-dong Highway tunnels, Madong-dong, and was driving the Plaintiff’s vehicle on the right side of the Defendant vehicle (hereinafter “instant accident”); and (d) stopped the Plaintiff’s vehicle on the left side of the right side of the Defendant vehicle (hereinafter “instant accident”).

3) At the time of the instant accident, the Defendant’s vehicle was reported as a stolen vehicle and did not deal with the insurance, and fell under “non-insurance vehicle” under the standard terms and conditions for automobile insurance. (4) The instant accident caused injury to the Plaintiff’s vehicle B, such as salt and tensions of the bones of wood and bones requiring approximately eight weeks medical treatment, and the lower light and the alley bed.

The Plaintiff paid KRW 15,300,00 for medical expenses according to the payment criteria prescribed in Article 30(1) of the Guarantee of Automobile Accident Compensation Act and Article 19 of the Enforcement Decree of the same Act to B as compensation for the said guaranteed business. The Plaintiff paid KRW 4,09,00 for the medical expenses under the special agreement for accident insurance for non-life insurance (the amounting KRW 313,250 for December 31, 2015) on September 25, 2014; KRW 17,485,750 for the total amount of KRW 13,750 (4,09,000 for KRW 13,700,000 for KRW 13,70-313,250 for the medical expenses under the special agreement for non-life insurance for the same year) on July 21, 2015.

[Grounds for recognition] A(1) through (2)

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