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(영문) 서울중앙지방법원 2020.07.08 2018가단5255481
손해배상(기)
Text

1. The Defendants jointly share KRW 39,517,291 to Plaintiff A, and KRW 3,00,000 to Plaintiff B, and each of the said money.

Reasons

1. Basic facts

A. At around 19:10 on September 25, 2017, Defendant E, on riding a bicycle and driving a bicycle lane on the front side of H apartment I-dong, H apartment I-dong, G, who was walking ahead of the same direction, was shocked by the Plaintiff A who was walking ahead of the same direction.

(hereinafter referred to as “instant accident”). Plaintiff A suffered injuries, such as brain damage less than the instant accident, cage cage cages, etc.

B. Plaintiff B is the spouse of Plaintiff A, and Plaintiff C is the infant of Plaintiff A.

C. Defendant E was in the sixth year of elementary school at the time of the instant accident, and Defendant G and F were the parents of Defendant E.

Defendant D Co., Ltd (hereinafter “Defendant D”) is an insurer who entered into a “J” contract with Defendant G as the insured (hereinafter “instant insurance contract”).

The insurance contract of this case includes liability for damages in daily life (II) that is covered within the limit of KRW 100 million in the event that the insured bears legal liability for damages due to an accident.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 17, Eul evidence 1 and 2 (including provisional number), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Defendant E’s assertion violates the Plaintiff’s duty to safely drive a bicycle, thereby causing damage to the Plaintiffs by shocking the Plaintiff A.

Therefore, Defendant E and its supervisor, Defendant G, and F are obligated to pay the damages suffered by the Plaintiffs due to the instant accident (Plaintiff A 57,493,424 = KRW 6,491,790 = KRW 5,285,454 for future treatment costs of KRW 5,681,780 for future treatment costs of KRW 5,284 for future treatment costs of KRW 5,285,454 for future treatment costs, KRW 40,00 for KRW 3,50,000 for Plaintiff B, and KRW 4,425,00 for Plaintiff C’s care costs, and delayed payment damages for them. Defendant insurance companies are jointly obligated to pay the above damages that Defendant E, the insured, should pay to the Plaintiffs.

B. The judgment of the Defendants 1 is based on the above facts.

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