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(영문) 대전지방법원 2019.01.30 2018나104236
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. With respect to C and D vehicles (hereinafter “Plaintiffs”), the Plaintiff entered into an automobile comprehensive insurance contract including a special agreement on the guarantee of non-insurance injury with the insured as C.

The Defendant entered into an automobile liability insurance contract with F Co., Ltd. (hereinafter referred to as “F”) with respect to vehicles E (hereinafter referred to as “Defendant vehicle”) (hereinafter referred to as “F”).

B. On April 23, 2016, the Defendant driven the Defendant’s vehicle on April 19:40, and changed the three-lanes of the seven-lanes into the four-lanes of the roads near the Yongsandong Complex of Daejeon-dong, Daejeon to the four-lanes while driving the seven-lanes of the seven-lanes around the Yongsandong Complex of Dong-dong, Daejeon to the four-lanes, and the Plaintiff’s vehicle of C Driving normally driven on the four-lanes of the said road (hereinafter “instant accident”).

In the instant accident, H, accompanied by the Plaintiff’s vehicle, suffered injuries, such as salt pans, etc., inculatorys and shoulderings.

C. The Plaintiff paid KRW 1,548,770 for medical expenses to a hospital treated by H from June 16, 2016 to October 26, 2016 in accordance with the foregoing non-insurance coverage special agreement. The Plaintiff, an insurance company of the Defendant, paid KRW 808,090 for medical expenses.

F directly paid 391,910 won to the Plaintiff the remainder of the liability insurance proceeds.

On June 15, 2017, the Plaintiff paid KRW 1 million as agreed amount to C who represented H.

The basis of calculation of 1 million won is 150,00 won for consolation money (the amount of consolation money corresponding to class 12 of the supplementary water supply), 1,59,900 won for shutdown damage (85% for import reduction corresponding to 30 days of shutdown due to the wage of daily worker), 248,000 won for transportation expenses (one day for the day 31 days of ventilation), 1,997,900 won for the victim's negligence from 20% for the victim's negligence and 20% for the above treatment expenses, which are applied and deducted from 1,126,948 won for the victim's negligence from 126,948 won for the victim's negligence.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings]

2. The parties' arguments.

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