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(영문) 서울중앙지방법원 2016.01.15 2015나29489

구상금

Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendant 3.0

Reasons

1. When the instant complaint against the Defendant, as to whether it was lawful or not, was sent to the Defendant as the Defendant’s resident registration, at Seoyang-gu B, 2315 Dong 1801, which is the Defendant’s domicile, and the service of the instant complaint was impossible, the court of first instance rendered a judgment in favor of the Plaintiff on the same day after serving a notice of the instant complaint and the date for pleading by public notice on April 29, 2015. The said original copy of the judgment also served by public notice, and served the Defendant on May 2, 2015. On May 22, 2015, the service of the said judgment became effective against the Defendant. The fact that the Defendant filed the instant appeal on May 26, 2015 after being issued the said original copy at the court of first instance on May 22, 2015. According to the above facts, according to the above facts, the Defendant could not be aware of the outcome and result of the first instance trial on the grounds that he cannot be held liable, and thus, the Defendant was lawful within the first instance judgment.

2. Judgment on the merits

A. 1) The Plaintiff is the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”).

(1) The insurer has entered into a comprehensive automobile insurance contract, including a special agreement for indemnity against non-insurance vehicles, and the Defendant is the Defendant’s non-insurance vehicle (hereinafter “Defendant”).

(2) Around 11:40 on May 19, 2014, the Defendant was driving the Defendant’s vehicle in violation of the signal from the private distance of Mandong-dong, Manyang-si to Mandong-si, Paridong-si, and shocked the left side of the Plaintiff’s vehicle that was proceeding on the left side from the right side of the running direction of the Defendant’s vehicle to the left side in accordance with the Marina.

(hereinafter referred to as the "accident". The plaintiff's vehicle was damaged by the right-fluor, the left-hand rier, both sides, etc., and the repair cost of KRW 3,004,261 was required by the Hyundai Seosan Rearrangement Center Co., Ltd., which is the maintenance company, due to the accident in this case 3,00, and the repair cost of the above repair cost was assessed until October 30, 2014.