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(영문) 서울남부지방법원 2018.02.22 2015나58728

구상금

Text

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

Reasons

1. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 20, and evidence Nos. 25 to 29 (including the branch numbers), respectively.

With respect to A vehicle (hereinafter referred to as “Plaintiff”), the Defendant is an insurer who has concluded each comprehensive automobile insurance contract with respect to B vehicle (SPS as a policyholder and a named insured; hereinafter referred to as “Defendant vehicle”).

B. On December 25, 201, around 21:30, at the point of the 192.8km from the 192nd parallel line of the Hagjin-ri Highway in the Chungcheongnambuk-do, the Plaintiff’s vehicle, which was parked on the two-lane side of the Daegu-si, was found late later due to the previous accident, and the front part of the Plaintiff’s vehicle conflict with the Defendant’s front part of the vehicle, and the cause of the collision between the vehicle and the Defendant’s front part of the vehicle, and the Plaintiff’s vehicle runs on the opposite road after passing over a king kingkhum tree, etc. located on the top of the center of the road (hereinafter “instant traffic accident”).

C. In relation to the instant traffic accident, the Plaintiff paid the total amount of KRW 47,785,010 as follows.

1) From January 6, 2012 to May 14, 2012, the sum of KRW 1,731,800 in passenger G medical expenses and the agreed amount between January 16, 2012 to March 15, 2012, the sum of KRW 24,58,770 in total from January 16, 201 to March 15, 201 and the agreed amount of KRW 1,419,50 in total from January 30 to January 5, 2012; KRW 25,206,00 in vehicle-related vehicle repair expenses from February 20 to February 21, 2012 to KRW 310 in 200 to KRW 30,00 in the vehicle-related vehicle repair expenses from February 30, 2012 to KRW 310 to February 21, 2012; and KRW 31,204,2138.21.2