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(영문) 서울중앙지방법원 2016.07.14 2014나23408

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to C vehicles with B and entered into an indemnity insurance contract.

B. On November 24, 2011, at around 19:15, the Defendant driven a D Ortoba, and proceeded in accordance with a straight line from the surface of the Dong Seo-gu, Incheon, Bupyeong-gu, to the e-lane e-lane e-lane e-lane e-lane e-do, along three-lanes, along the three-lanes of the F, of the road located in the Dong-gu, Bupyeong-gu, Incheon, the Defendant shocked the right-hand side part of B, which opened the way on the crosswalk of the front bank, into the front part

(hereinafter “instant accident”). C.

The Plaintiff shall pay to B total of KRW 2,731,510 for medical expenses, amount agreed upon, and examination fees, as between December 15, 2011 and February 16, 2012 (i.e., total of KRW 1,291,530 for treatment expenses, KRW 5,650 for examination fees of KRW 1,291,530 for 1,80,000 for treatment expenses - 365,670 for repayment payments made by Daex Co., Ltd.), and the Plaintiff shall pay to B total of KRW 2,731,51 for examination fees.

The liability insurance amount of KRW 1,600,000 was returned from the Dong Fire Marine Insurance Co., Ltd. (hereinafter referred to as the “Dong Fire Marine Insurance”) which concluded a liability insurance contract with respect to the Oral Sea as stated in the paragraph.

[Ground of recognition] Evidence Nos. 1 through 8, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the judgment on the cause of the claim, the whole evidence and arguments mentioned above, it is reasonable to view that the accident of this case was a major cause for the defendant's fault without taking measures to prevent accidents, such as failure to discover the pedestrian B, which was walking on the crosswalk in the front bank, and operating the brake system, while driving the front bank.

However, B was also erroneous in crossing without permission under the pedestrian stop signal, and such error also caused the instant accident, and considering all the circumstances, such as the background of the instant accident, the situation before and after it, and the degree of damage, etc., the instant accident.