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(영문) 서울중앙지방법원 2016.09.01 2015나69753

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 B-Vehicles (hereinafter “Plaintiffs”).

B. On January 18, 2015, the Defendant driven a C vehicle (hereinafter “Defendant vehicle”) around 17:15, and did not turn on the direction direction, etc. on the front of the exit distance of Suwon-dong, Gangnam-gu, Seoul, without turning on the direction, etc., of the vehicle in front of the exit distance 2, in the third line where the Plaintiff’s vehicle was in progress, and changed the vehicle from the third line where the Plaintiff’s vehicle was in progress to the second line where the Plaintiff’s vehicle was in progress. As the driver of the Plaintiff’s vehicle raised the headlight and warns the horn, the Defendant waiting around 30 seconds to prevent the Plaintiff from driving the vehicle by installing the Defendant’s own vehicle, and thereafter, Defendant 1-2 meters away.

The front part of the Plaintiff’s vehicle following a sudden stop was licked on the part of the Defendant’s lower part.

(hereinafter “instant accident”). C.

By May 27, 2015, the Plaintiff paid insurance proceeds of KRW 8,315,580 in total under the name of the Plaintiff’s driver of the instant accident and the passenger’s treatment expenses and agreement fees, and the repair expenses for the Plaintiff’s vehicle.

On the other hand, the defendant was indicted for violating the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., that inflicted an injury on the driver of the plaintiff's vehicle and his/her passengers and damaged the plaintiff's vehicle using a dangerous object, and the court of first instance was sentenced to a suspended sentence of three years on June 18, 2015 (Seoul Central District Court 2015Dadan1396) and was sentenced to a suspended sentence of three years on October 27, 2015 (Seoul Central District Court 2015No2496) and was sentenced to a suspended sentence of two years on January 28, 2016 (Seoul Central District Court 2015No2496). The judgment of the court of first instance reversed the above appellate judgment to the purport that there was an error in the application of the Act on the above suspicion to the effect that in the final appeal on January 28, 2016.