beta
Text
1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s claim corresponding to the revoked part shall be respectively.
Reasons
1. Basic facts
A. The Plaintiff is an insurer that entered into an automobile comprehensive insurance contract (hereinafter “instant insurance contract”) containing a non-life-free special agreement on vehicles with respect to the Fradar. Defendant B is the owner of the G Odar (hereinafter “the instant Odar”) who operates the Hadar house with the trade name “I” in H at the port north-gu in the port of Port of Port, and Defendant A is the spouse of Defendant B, and the network J (hereinafter “the network”) is the employee who used the instant Odar house in the above “I.”
B. On June 16, 2014, at around 01:50, the Deceased left a road in front of the first door of the Spanco in the south-gu Posco located in the Posco located in the port of Posco at the port of the instant case, and turned down the sideway with the boundary of the sideway and the utility pole, etc., by leaving the road on the side by driving-way.
(hereinafter referred to as “instant accident”). C.
The Deceased, owing to the instant accident, died of severe brain damage (presumed) around that time, and the victim, who was on the part of the Otoba in this case, was injured by the thalone side of the right bed and the 4 balance cutting of the left side.
The Plaintiff paid KRW 110,322,610 as the medical expenses of the victim, who is a lineal descendant of the insured E, from June 16, 2014 to October 29, 2014, KRW 27,425,240 as the medical expenses of the victim, etc. from November 12, 2014 to March 16, 2016, and KRW 48,500,00 as the agreed amount, including the victim’s disability data, disability loss gains, etc. on July 10, 205, and KRW 110,32,610 as the medical expenses of the victim, who is a lineal descendant of the insured E, from June 16, 2014 to October 29, 204. The Plaintiff received KRW 10,00,000,000 as the insurance money from the Hyundai Marine Fire Insurance Co., Ltd. for the insurance of this case, and received KRW 10,005,000.
【Ground of recognition】 There is no dispute, Gap No. 1.