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1. The Defendants jointly share KRW 70,046,018 with the Plaintiff and 5% per annum from December 28, 2017 to August 7, 2018.
Reasons
1. Facts of recognition;
A. On April 2015, the Plaintiff entered into a comprehensive motor vehicle insurance contract with F-owned vehicles (G, H, and I) with respect to three motor vehicles (G, H, and I), the insurance period from April 21, 2015 to April 21, 2016. The said contract includes a non-insurance accident guarantee agreement (hereinafter “instant non-insurance accident guarantee agreement”) under which E, a F’s child, suffered an injury by an non-insurance motor vehicle, within the limit of KRW 200 million.
On the other hand, Defendant C is the driver of JOba (hereinafter “instant Maritime Vehicle”) and Defendant D is the owner of the instant Maritime Vehicle.
B. On June 14, 2015, at around 01:10, Defendant C driven the instant sea-going vehicle, and caused the instant accident to the front part of the instant vehicle, where, by negligence, Defendant C, who immediately violated the signal in the direction of the sex test distance, on the three-lane road of 8-lanes from the upper part of Ansan-si, Ansan-si, Ansan-si, in the direction of using the three-lane road, in violation of the signal in the direction of the sex test distance (hereinafter “instant accident”). As a result, E suffered injury, such as the cutting down of the right-hand chill, which requires treatment for about three months.
C. At the time of the instant accident, only liability insurance is subscribed to K Co., Ltd. (hereinafter “K”) at the time of the instant accident, and constitutes “non-insurance motor vehicle” under the instant non-insurance-related special agreement.
From August 7, 2015 to May 14, 2016, the Plaintiff paid KRW 39,630,290 in total to E as medical expenses in accordance with the instant non-insured injury agreement. Accordingly, the Plaintiff excluded KRW 23,78,170 (=39,630,290 x 60%) from the amount set off 40% of the negligence of E who contributed to the occurrence of the instant accident among KRW 39,630,290 for medical expenses paid by the Defendants upon a partial claim against the Defendants.