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(영문) 서울중앙지방법원 2018.12.12 2017가단14619
손해배상(자)
Text

1. Of the instant lawsuit, the part concerning the claim for the reimbursement of the expenses shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 671,228,275 and its amount.

Reasons

1. Occurrence of liability for damages;

(a) Facts of recognition 1) C is D-si(hereinafter referred to as “Defendant”) around 02:35 September 11, 2010.

) While driving a taxi and driving a road near the Yangyang River located in Yeongdeungpo-gu Seoul Metropolitan Government as the Olympic Games, the said taxi was sbroomed into a broom and the central separation zone was shocked (hereinafter “instant accident”).

(2) The Plaintiff, who was on board the said taxi due to the instant accident, was placed in the state of saves by suffering from an injury, such as an injury to the saves of external wounds, etc.

3) The Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant on September 25, 2012. (4) The Plaintiff filed a lawsuit seeking compensation for damages due to the instant accident with the Seoul Central District Court Decision 201Ga234862 (hereinafter “previous lawsuit”). During the said lawsuit, the Defendant’s decision to recommend reconciliation as of October 13, 2012 became final and conclusive on September 25, 2012, to the effect that “the Defendant shall pay KRW 1,150,000,000 to the Plaintiff by October 25, 2012.”

However, while filing the lawsuit, the Plaintiff filed a claim for medical expenses and nursing expenses only until October 20, 2016, and specified that the claim for medical expenses and nursing expenses thereafter be reserved.

[Around October 12, 2012, the Plaintiff and the Defendant indicated that the amount of the Reconciliation Recommendation included only up to KRW 35,000 (35,00,000) in the amount of the Reconciliation Recommendation plus the amount of the Reconciliation Recommendation. 5) On October 12, 2012, the Defendant paid KRW 1,100,000 with all the amount of the pre-existing litigation, and the opening cost of the Reconciliation and the medical expenses (35,00,000,000) out of the aforementioned amount of the Reconciliation Recommendation shall be recognized until October 20, 2016, and thereafter the opening cost and the medical expenses shall be re-determined.

B. The written agreement was prepared to the effect that the Plaintiff sustained the injury due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as the mutual aid business operator of the Defendant’s vehicle. There is no dispute over the grounds for recognition.

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