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(영문) 서울중앙지방법원 2015.08.27 2014나52772

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. According to the records, the court of first instance rendered a judgment in favor of the defendant on December 17, 2013 by serving a copy of the complaint against the defendant and a notice of the date of pleading by public notice, and subsequently proceeding proceedings for pleadings. On December 21, 2013, the original copy of the judgment was also served on the defendant by means of service by construction, and the original copy of the judgment was also served on the defendant on the defendant on December 21, 2013. The plaintiff received a seizure and collection order against the defendant's deposit claim against the Industrial Bank of Korea as the title of execution, under Article 2014TTT1157 of the Jung-gu District Court Order 2014. The above original copy of the judgment was served on the defendant's de facto marriage B on July 16, 2014, and the defendant became aware of the fact that the judgment was served by public notice by public notice by the court of first instance on July 31, 2014, and the defendant could not be held liable for completing of the appeal.

2. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the driver of D Vehicle (hereinafter “Defendant Vehicle”).

B. On May 31, 2012, at around 04:20, the Defendant: (a) driven the Defendant’s vehicle driving along the Defendant’s vehicle, driving at a two-lane point of 0.64km in the direction of the Defendant’s seat, driving at the seat of the Defendant’s vehicle in the direction of Seoul Myeon, while neglecting the duty of front-time watch (hereinafter “victim’s vehicle”) and stopped the back portion of the Edump truck (hereinafter “the damaged vehicle”) preceding the wind that had been driven along the same lane after about 10 minutes passed from the front side of the Defendant’s vehicle (hereinafter “the front-time vehicle”); and (b) followed the back portion of the Defendant’s front-time vehicle by the Plaintiff’s seat, and followed the Defendant’s front-time vehicle in front of the front-round vehicle.