가불금반환
1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:
The defendant.
1. Basic facts
A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the E and F Saturdays vehicles (hereinafter “Plaintiff vehicles”).
B. At around 24:00 on September 16, 2014, E parked the Plaintiff’s vehicle on the side of the second-lane on the side of the river, among the four-lane roads near Ulsan-gu G (hereinafter “instant road”). This is a zone where parking is prohibited.
C. D, at around 03:39 on September 17, 2014, took the Defendant’s 125cc, who was stolen on the off-to-land (hereinafter “instant accident”), and took the two-lanes of the instant road into the west-to-land bank in the condition that it did not turn on the headlight, D met the part on the left-hand side of the Plaintiff’s back-hand part of the instant vehicle stopped as above (hereinafter “instant accident”). At the time of the instant accident, D was without a license for the 1999 residents (middle 3 years).
The point of the instant accident is a valley section, where the surface was built, the meteorological condition was clear, there was no reason to cause any particular road environmental accident, and the width of the road is 7.8 meters in total as the first-lane 3.5 meters and the second-lane 4.3 meters (including 0.52 meters on the side) and the width occupied by the Plaintiff is 2.3 meters.
E. The point of the instant accident is where multiple vehicles are parked in the ordinary place. At the time of the instant accident, several vehicles were parked in front of the Plaintiff’s vehicle.
F. A crosswalk is installed behind the parking of the Plaintiff’s vehicle, and the street lamps is installed on the side of the crosswalk.
G. The Defendant was seriously injured by the instant accident. The Plaintiff incurred significant injury from the advance payment of the Defendant’s medical expenses: ① KRW 29,359,120 to the I Hospital on December 2, 2014; ② KRW 17,510,000 to the said I Hospital from March 5, 2015 to February 1, 2016; and ③ from March 5, 2015 to March 5, 2015 to March 1, 2016.
5. up to 19.19. A total of KRW 49,986,650, such as the payment of KRW 3,117,530 to Jneya, etc.