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(영문) 부산지방법원 2018.01.19 2017나47694

위자료 및 손해배상(자)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

3. Text of the judgment of the court of first instance;

Reasons

1. Facts of recognition;

A. The Plaintiff A is the driver of the Plaintiff’s vehicle that entered into an insurance contract with the Plaintiff Company for FR7 car (hereinafter “Plaintiff vehicle”) (hereinafter “Defendant vehicle”), and the Defendant is the driver of GM7 car (hereinafter “Defendant vehicle”).

B. At around 21:40 on June 26, 2015, the Defendant driven the Defendant’s vehicle without obtaining a driver’s license, and proceeded with the access road to the Taecheon ICT direction in order to combine with the Defendant at the low quarter located at a point of Busan, 164.2km from the southwest Highway, which is located at a point of Busan, in Busan, the Defendant was negligent in performing the duty of Jeoncheon-si, and thus, the back part of the Plaintiff’s vehicle temporarily stopped due to other accidents in front of the Defendant’s vehicle, and the Plaintiff’s vehicle conflict with the back part of the HH (H) that stopped in the same direction due to its shock. Accordingly, the Plaintiff’s and the Plaintiff’s Plaintiff’s Ha were injured by the Plaintiff and the Plaintiff’s Ha.

(hereinafter referred to as “instant accident”) C.

From July 24, 2015 to October 29, 2015, the K non-life insurance paid the sum of KRW 764,370, total of the medical expenses of Plaintiff A, KRW 1,029,240, and KRW 545,270, each of the medical expenses of Plaintiff C, to J Hospital, etc. who treated the Plaintiffs, from July 24, 2015 to October 29 of the same year. The K non-life insurance paid KRW 30,000 to Plaintiff A, KRW 30,000,000,000 to Plaintiff C, respectively.

On the other hand, on October 14, 2015, the Defendant issued a summary order of KRW 7 million (this Court approximately KRW 2015 High Court Decision 17820) for the same criminal facts as the instant accident, and around that time, the said summary order became final and conclusive.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1 (including each number; hereinafter the same shall apply), and the court of first instance's inquiry into the case non-life insurance as a result of the inquiry inquiry, the purport of the whole pleadings is as follows.