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(영문) 전주지방법원 2016.10.07 2016나83

구상금

Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer entrusted by the Minister of Land, Infrastructure and Transport with the business of guaranteeing motor vehicle accident compensation under Article 30(1) of the Motor Vehicle Liability Act pursuant to Article 45(1) of the Guarantee of Automobile Accident Compensation Act (hereinafter “Motor Vehicle Liability Act”); and the Defendant is a driver of a sealed freight truck B (hereinafter “Defendant vehicle”).

B. At around 10:00 on December 25, 2013, the Defendant driven the Defendant’s vehicle without purchasing a mandatory insurance policy, and turned to the left at a speed of about 10 to 15 km/h/h of speed from the direction area at the speed of Hancheon-gun, Seocheon-gun, the head of Seocheon-gun, the west-gun, the port-Eup, the head of the Eup, Hancheon-gu, Hancheon-do, the intersection of the shooting distance in the front of the Defendant’s vehicle (hereinafter “Plaintiff’s vehicle”) was driven by the front part of the Defendant’s vehicle (hereinafter “the instant accident”), and the instant accident suffered injury, such as Gyeong driver of the Plaintiff’s vehicle and the passenger of the Plaintiff’s vehicle, due to the Gyeongcheon-gun, etc., in the direction area.

C. The Plaintiff paid KRW 179,360 as agreed money to the said C from July 30, 2014 to August 26, 2014, and KRW 718,710 as agreed money to the said E, and paid KRW 1,523,690 as agreed money to the F’s KRW 2,421,760 (= KRW 1,426,690 as agreed money for C medical expenses KRW 97,490) directly to the F’s KRW 2,421,760 as agreed money (= KRW 179,360, KRW 710, KRW 1,523,690).

On May 28, 2014, the Defendant was sentenced to a fine of KRW 1.5 million due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in relation to the instant accident in the Hongsung Branch of the Daejeon District Court. The said fine was finalized around that time.

A person who operates an automobile on his/her behalf shall be liable to compensate for the damages in cases where he/she has killed or injured another person by the operation thereof.

Provided, That the following shall be applicable: