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(영문) 대구지방법원 2020.10.21 2019나316630

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. Basic facts

A. At around 22:40 on May 15, 2016, the Defendant: (a) driven a C Oral Ba (hereinafter “Defendant Oral Ba”) owned by it; (b) caused the occurrence of an accident in which the Defendant, while driving a three-lane road in front of the D apartment site in North Korea at port from the right edge to the right edge park at a speed of 85 to 87 km at a speed exceeding 60 km at a speed of her speed depending on two-lanes, having driven the said road at a speed of 85 to her speed of 60 km (hereinafter “instant accident”); and (c) as a result, E suffered from the injury, such as an injury to the left edge pelle executive, who is in need of treatment at approximately 14 weeks, by cutting off the left edge of the bar, by cutting off the opening frame at the right edge.

B. At the time, Defendant Oba subscribed only to the liability insurance of G Co., Ltd.

C. On March 3, 2016, E entered into an automobile insurance contract (hereinafter “instant insurance contract”) with the Plaintiff, including a non-insurance policy that compensates the insured for injury to his/her own motor vehicle within a certain scope, with respect to his/her own motor vehicle from March 4, 2016 to March 4, 2017.

According to the foregoing special agreement on coverage, the Plaintiff paid KRW 80,650,600 to E with insurance proceeds from August 9, 2016 to January 16, 2018 as medical expenses, and KRW 23,000,000 as agreed amount on August 25, 2016.

In addition, from September 20, 2016 to March 26, 2019, the Plaintiff returned KRW 38,964,110 in total from the liability insurance company G Co., Ltd. to the liability insurance amount.

E. On November 23, 2017, the Defendant was sentenced to a suspended sentence on the instant accident on November 23, 2017, and the said judgment became final and conclusive around that time.

(Seoul District Court 2017No2533). (f) On the other hand, due to the instant accident, the Defendant was also subject to the dry Typology and revolving on May 16, 2016, and thereafter was subject to the examination of injury, such as the right slopical slopical slops, and the Defendant was in relation to the said injury.