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(영문) 광주지방법원 2021.01.21 2020나58082

구상금

Text

The plaintiff's appeal and the claims extended by this court are all dismissed.

costs of lawsuit after an appeal are filed.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to D vehicles (hereinafter “Defendant”). The Defendant is an insurer who has concluded each automobile insurance contract with respect to D vehicles (hereinafter “Defendant”).

B. On October 14, 2019, at around 20:30, the Defendant’s vehicle driven the two-lane front of the Seo-gu Seo-gu Incheon Metropolitan Etel into one-lane of G in the boundary of the F building, and stopped on the two-lanes, while changing the course into one-lane, the Defendant vehicle stopped on the two-lanes. The front part of the Plaintiff’s left side of the Plaintiff’s vehicle, which started, was shocked into the front part of the Defendant’s right side wheeler (hereinafter “the instant accident”).

The Plaintiff paid KRW 3,798,580 as insurance proceeds to the passenger of the Plaintiff vehicle, the sum of KRW 1,803,580 for the treatment costs received from October 16, 2019 to November 13, 2019, and KRW 1,995,00 for the agreement.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 to 4, 6 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant’s driver, and thus, the Defendant should be liable for damages arising from the instant accident.

In that sense, the Plaintiff paid KRW 3,798,580 to the winners of the Plaintiff’s vehicle with the insurance proceeds. Accordingly, the Defendant is obliged to pay the Plaintiff the indemnity amount of KRW 3,798,580 and the delayed damages amount of KRW 3,79,580 under Article 682 of the Commercial Act.

B. According to the evidence evidence Nos. 1 and 8, the Plaintiff’s passenger was diagnosed on October 21, 2019, when seven days after the date of the instant accident, that the Plaintiff’s passenger received a diagnosis that he/she requires two weeks’ medical treatment and treatment as a salt base and tension in the Hain of the instant accident, salt base and tension in the area where the scopic of the scopic of the scopic of the scopic of the scopic of the scopic of the scopic of the scopic of the scopic of the scopic of the scopic of the scopic of the scopic of the scopic of

On the other hand, however, the above facts of recognition and the purpose of the whole pleading is added.

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