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1. The Defendant’s KRW 40,794,473 as well as 5% per annum from June 28, 2018 to March 11, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter “the instant insurance contract”) which contains a special agreement on accident security for non-life insurance to compensate the insured amount within the limit of KRW 200 million in the event the insured inflicts an injury on the Plaintiff with respect to C and D vehicles (hereinafter “Plaintiff-free vehicle”).
B. On October 23, 2017, the Defendant, while driving a vehicle E (hereinafter “Defendant”) around 11:30 on October 23, 2017 and driving ahead of G in the Dong-gu, Daejeon, brought an injury, such as cerebral cerebral cerebral cerebral ex, etc., where the Defendant walked on the crosswalk to the right side from the left side of the direction of the proceeding.
(hereinafter referred to as the "accident of this case". On the other hand, the defendant's automobile was covered by liability insurance with I Co., Ltd. (C.) The special terms and conditions of injury to an insured motor vehicle stipulate "the insured or the parents of the insured or their spouse" as the scope of the insured.
At the time of the instant accident, J, the centering around the victim H, is L Co., Ltd. as to the K vehicle.
(D) In addition to the Plaintiff’s vehicle, the Plaintiff and the insurer (including the Plaintiff) of each of the above vehicles and the Plaintiff’s vehicle are liable for the payment of the insurance proceeds at the same rate (1/3) in respect of the instant accident. L has agreed to preferentially pay the insurance proceeds to be paid to H with the other double insurers, including the Plaintiff, and then to receive the contribution corresponding to their share of expenses from the duplicate insurers later, the Plaintiff paid the total amount of KRW 25,530,550 (=80,200,330 + KRW 175,175,106,220). Hospital treatment expenses: KRW 80,200,330 (=22,253,920 + KRW 18,646,60,000 + KRW 15,275,870,740,000 + KRW 175,106,106,220,000).