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1. The Defendant (Counterclaim Plaintiff) paid KRW 61,672,221 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from May 28, 2015 to May 31, 2016.
Reasons
1. Basic facts
A. The Plaintiff is an insurance company that entered into a comprehensive motor vehicle insurance contract with A and B B, and the Defendant is an insurance company that entered into a comprehensive motor vehicle insurance contract with C and D with respect to the amount of the motor vehicle for which D and D (hereinafter “Defendant vehicle”).
B. On December 14, 2012, E (hereinafter referred to as “the deceased”) was driven by a FIE vehicle at FIE around 6:30 on December 14, 2012, at a point 500 meters away from the ice-line in the area of the Daejeon East-gu Daejeon Daejeon International Court, Daejeon, where it was turned off from the ice-line to stop on one lane.
G conflicts between the deceased's vehicle that was stopped in one lane while driving H vehicle, and the deceased was in the Central Separation Zone.
C, while driving the Defendant’s vehicle and stopping in one lane, C did not properly see the Deceased’s vehicle and the Deceased who was in the Central Separation Team, and shocked the Deceased.
A did not look at the deceased who was outside the road properly and caused the deceased to be shocked on the front lower part of the Plaintiff’s vehicle to approximately 45 meters.
(hereinafter “instant accident”). C.
After the instant accident, the Deceased was transferred to the hospital and received treatment, and died on December 18, 2012, with the blood transfusion directly as a private person. D.
Around January 10, 2013, the Defendant paid KRW 20,312,840 as medical expenses to a hospital that treated the Deceased. On January 19, 2015, the Defendant paid KRW 170,000 to the bereaved family members of the Deceased’s bereaved family members for damages in accordance with the decision of recommendation for settlement that became final and conclusive in the lawsuit for damages with the bereaved family members of the Deceased. On April 28, 2015, the Defendant paid KRW 114,354,490 as finalized damages in the lawsuit with the Public Official Pension Service.
In addition, the defendant spent 5,068,800 won in total as litigation costs and attorney fees in the above lawsuit.
E. The Defendant refused to pay the indemnity amount due to the instant accident, thereby compensating for automobile insurance.