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(영문) 인천지방법원 2020.09.15 2019나67329

구상금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement for automobile damage compensation with the Plaintiff’s owner of the said company (hereinafter “Plaintiff’s taxi”), and the Defendant is an insurance company that entered into an automobile insurance contract for the E Costasch Rexroth (hereinafter “Defendant’s passenger vehicle”).

B. Around 18:20 on January 16, 2018, Plaintiff taxi driven the two lanes of the three-lane road (hereinafter “instant road”) ahead of the G convenience point located in the Nam-gu Incheon Metropolitan City, Seoul (hereinafter “instant road”) along the HK7 vehicle (hereinafter “instant damaged vehicle”). However, the instant damaged vehicle stopped in the three-lanes in front of its proceeding, but stopped along the instant damaged vehicle and stopped on an emergency, etc., in order to avoid collision and avoid collision, Plaintiff taxi, following it, was driven by the Defendant taxi, to avoid collision. < Amended by Presidential Decree No. 20690, Jan. 16, 2018; Presidential Decree No. 20420, Feb. 23, 2018; Presidential Decree No. 20220, Feb. 1, 2016>

(hereinafter referred to as “instant accident”) C.

With respect to the instant accident, the Plaintiff: (a) KRW 2,094,110 for damages to the driver of the instant vehicle from January 25, 2018 to December 28, 2012 (i.e., agreed amount of KRW 1,200,000 for medical expenses of KRW 894,110 for expenses of KRW 1,763,200 for damages to the passenger of the instant vehicle; (b) KRW 1,200 for agreed amount of KRW 1,20,00 for medical expenses of KRW 563,200 for expenses of KRW 5,759,310 for the mutual aid money of KRW 1,94,110 for 2,763,200 for 1,90 for 1,902,00 for 1,902,00 for hereinafter referred to as the “mutual aid money”).

(A) paid the amount. [Grounds for recognition] Unsatisfy, Gap evidence 1 to 5 (which has a serial number). Each entry or video, including a serial number, the purport of the entire pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff wishes to change the course must express his intention to change the course in advance through a change of course signal operation, and closely examine the flow of the follow-up straighted vehicle.