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(영문) 서울중앙지방법원 2017.06.23 2016나76994

구상금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a person who performs the business of guaranteeing the motor vehicle accident compensation of the government where a person dies or is injured due to the operation of a motor vehicle, etc. which is not insured, and the defendant will be as follows.

A person who drives a D vehicle owned by the Codefendant C of the first instance trial at the time of the accident described in the port of call (hereinafter referred to as "Defendant vehicle").

B. Around 07:20 on April 9, 2007, the Defendant, without purchasing an insurance policy, driven the Defendant’s vehicle and, at the same time, driven the road prior to the new disease control zone in Dongjak-gu Seoul Metropolitan Government (Seoul), along the one lane at a speed of about 50 kilometers per hour in the speed of about 50 kilometers per hour, from the scambing distance to the scambing side of the front direction of the Defendant’s vehicle, shocked the E, walking on the crosswalk to the left side from the right side of

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

As a result of the instant accident, E suffered injury, such as the mouth of the vertebranes, scarke, scarke, and scarkee blood and scarkee with no open address within the scarke River, and approximately 4 weeks old and erode of the left-hand luminous bones, requiring stability for about six weeks.

E spent 4,520,616 won in total for medical expenses at a F Hospital from April 9, 2007 to April 18, 2007, and ② from April 18, 2007 to the same year.

7.3. By the end, G Hospital spent 4,129,600 won in total.

The plaintiff paid 4,129,600 won as compensation for the business of guaranteeing motor vehicle accident compensation, as the amount of compensation for the business of guaranteeing motor vehicle accident compensation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Plaintiff’s assertion 1) The instant accident occurred due to the Defendant’s violation of the Defendant’s duty of front guarding and safe driving, and the Defendant’s fault occurred. 2) The Plaintiff paid KRW 4,129,600 to the victim E of the traffic accident by the Defendant without insurance status within the scope of liability insurance.

Therefore, the defendant is not obliged to guarantee the automobile accident compensation.