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(영문) 서울중앙지방법원 2015.08.20 2014나10969

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. According to the ex officio judgment on the legitimacy of the instant appeal, the court of first instance rendered a favorable judgment on August 30, 2013 by serving a copy of the complaint and the notice of the date of pleading on the Defendant by public notice, and rendered a favorable judgment on the Plaintiff on August 30, 2013. The original copy of the judgment was also served on the Defendant by public notice on September 6, 2013. The Defendant may recognize the fact that, around January 27, 2014, the original copy of the judgment of the first instance was served by mail and the Defendant filed the instant subsequent appeal on February 4, 2014. Thus, the Defendant was unable to comply with the period of appeal due to any cause not attributable to the Defendant, and filed a subsequent appeal within two weeks from the date on which such cause ceases to exist. Accordingly, the instant appeal is lawful.

2. Basic facts

A. Under Article 45(1) of the Guarantee of Automobile Accident Compensation Act, the Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the business of guaranteeing automobile accident compensation as stipulated in Article 30(1) of the same Act and the B Poter Cargo (hereinafter “Plaintiff”) entrusted by the Minister of Land, Infrastructure and Transport, and the Defendant is the driver of C Maz Vehicle (hereinafter “Defendant Vehicle”).

B. D, around 12:10 on October 2, 2012, when the surface was milked on the broom, D driven the Plaintiff’s vehicle, and driven the Plaintiff’s vehicle at the 4-lane along the coast of the 4-lane in the city of Ansan-si, Ansan-si, by driving the Plaintiff’s vehicle, to the ebbbbs of the ebs in the ebs of the 1153-5 main road (hereinafter “instant intersection”), while passing through the intersection at the right intersection of the instant case at the ebs of the 1153-5 main road in front of the 1153-5 main road (hereinafter “the ebs of the instant intersection”). From the ebs of the ebscurbed-dong, the left part of the driver’s seat on the left part of the Defendant’s vehicle, which turned the Defendant’s left to the intersection from the ebscurbsck to the front part of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. The Plaintiff on November 30, 2012