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(영문) 인천지방법원 2020.11.11 2019나73669
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that has entered into an automobile insurance contract with C Co., Ltd. and D (hereinafter “Plaintiff”) and the Defendant is a mutual aid company that entered into a mutual aid agreement with E-si (hereinafter “Defendant”) for E-si vehicles (hereinafter “Defendant”).

B. Around 13:00 on January 10, 2018, the Plaintiff’s vehicle, which caused the sudden breakdown, was driven by a GV while driving along a road in the direction of the passage-of-school and underground road in the lava stadium located in the Michuhol-gu Incheon, Michuhol-gu (hereinafter “victim”). The Defendant’s vehicle, which was going on the front side of the Plaintiff’s vehicle, led to the occurrence of an accident in which the Plaintiff’s vehicle, who was going on the front side of the Plaintiff’s vehicle, rewings the damaged vehicle (hereinafter “instant accident”).

C. The victim H, who is the driver of a vehicle causing damage to the Plaintiff’s insurance proceeds, was diagnosed as verte base (inverte, sulphe, sulphe) and cerebral sule due to the instant accident and was hospitalized for two days from January 10, 2018 to January 11, 2018, and received a total of twenty-six days of outpatient treatment from January 12, 2018 to July 9, 2018.

The victim I, who is his/her Dong passenger and H, was the victim of the damaged vehicle and his/her father, after the instant accident, was diagnosed in detail as unknown waters and gaseous evidence, and was hospitalized for two days from January 10, 2018 to January 11, 2018, and received outpatient treatment for two days from January 12, 2018 and February 32, 2018.

Victim J, a passenger of the damaged vehicle, also suffered from injury in the instant accident and received 37 days of pain treatment.

(A) The Plaintiff paid the victim H a total of KRW 6,190,060 and KRW 3,239,770,000 to the victim I for the medical expenses and the amount agreed upon.

The above insurance amount includes H’s future treatment costs of KRW 2,946,00, and KRW 2,834,000 for future treatment costs. The Plaintiff’s final insurance payment date is September 17, 2018.

[Based on recognition] Unsatisfy, Gap evidence 1 to 11, and Eul evidence 1 (including each number; hereinafter the same shall apply).

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