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(영문) 대구지방법원 2017.02.24 2015가단5719
구상금
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 27,192,264 and 5% per annum from January 9, 2015 to February 24, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company running non-life insurance business, and entered into a comprehensive motor vehicle insurance contract with Nonparty C (hereinafter referred to as the “insured”) including a non-life insurance contract with its owner D (hereinafter referred to as only insured vehicles), and Nonparty E is a child of the above C.

B. On October 13, 2013, Defendant A, the owner of the F vehicle (hereinafter referred to as “accidented vehicle”), and Defendant B driven an accident vehicle around 15:30 on October 13, 2013, and driven the road at the front side of the entrance of the cross-North Korean border zone, and the vehicle driven at the front side of the accident vehicle at the direction of the course is at a slow speed, and the vehicle driven at the front side of the direction of the vehicle at the speed. In order to avoid a collision, Defendant B caused an accident (hereinafter referred to as the “traffic accident in this case”).

(c) The accident of this case, E, which was accompanied by the vehicle involved in the accident of this case, sustained an injury in need of 8 weeks’ stability, including 24 days’ hospitalization, such as duplic fages and supkes, including cupage fages.

With respect to the restriction on the sports range of the above E's injury caused by the accident in the above case, the chest X-out and G at the Gyeongnam University Hospital were disabled by the rate of 11% of the labor ability loss rate, and with respect to the trend of the inside part, the Sungnam University Hospital sexual mar and H conducted a disability diagnosis that the degree of the labor ability loss rate corresponds to 30% of the person who left the outer part of the 7th grade 12 under the State Compensation Act.

E. The Plaintiff paid KRW 29,19,910,00,000, which was obtained from Samsung Fire Marine Insurance Co., Ltd., as follows, out of KRW 39,19,99,910, which was non-insurance premium of KRW 14,039,910, the agreed amount of KRW 24,70,00,00, and the cost of KRW 460,00,00, pursuant to the terms and conditions of automobile comprehensive insurance that was concluded with the insured, until January 8, 2014.

F. Meanwhile, the non-party Samsung Fire Insurance Co., Ltd., which is an insurance company responsible for the accident vehicle.

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