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(영문) 광주지방법원 2017.05.17 2016나53547

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On August 2014, the Plaintiff is an insurer that entered into an automobile insurance contract (the insurance period: from August 1, 2014 to August 1, 2015) with respect to the instant vehicle (hereinafter “instant vehicle”); and the Defendant is the manager of the national highways No. 13 in the 13th National Highway in the Yannam-gun, the Gannam-gun, the Gannam-gun, the Gannam-gun, the Gannam-gun, the 13th National Road (hereinafter “instant road”).

B. On April 2, 2015, A around 22:45, around April 2, 2015, around the instant vehicle: (a) the instant road was driven by C and D, and the instant road was driven by one lane from Gwangju to the south-west side along the two-lanes of the road in the direction of the road; (b) the front part of the instant vehicle was faced with a view to preventing snow depth caused by the beam of the beam of the opposite vehicle’s headlight (a facility installed along the central line to prevent snow depth due to the beam of the beam of the opposite vehicle).

(hereinafter “instant accident”). C.

Due to the instant accident, A, C, and D (hereinafter referred to as “A, etc.”) received medical treatment in E-port hospitals, F Hospitals, etc., and the instant vehicle was damaged by the front panion, Rarra, etc.

The Plaintiff paid KRW 3,729,310,00 (= KRW 259,270, ② KRW 1,824,980, ③ KRW 965,060 ④ KRW 680,00) to A, etc. based on the instant insurance contract due to the instant accident.

(1) The amount of insurance proceeds to A: 259,270 won in total i) April 21, 2015 206,00 won in agreement, ii) May 22, 2015 : The amount of insurance proceeds to C: Total 1,824,980 won in insurance proceeds; ii) April 21, 2015 765,810 won in agreement; ii) May 20, 2015 1,011,000 won in E oriental medical treatment expenses; iii) the amount of insurance proceeds to F Hospital treatment expenses 48,170 won in total; iii) the amount of insurance proceeds to be paid to D 5,00 won in total 965,00 won in aggregate; iii) the amount of insurance proceeds to be paid to each of the instant hospitals iii. 205,015 ⅲ. 205,75,205.25,2015