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(영문) 광주지방법원 2017.07.19 2016나50432

구상금

Text

1. Of the judgment of the court of first instance, each of the money stated in the “amount of compensation” in the attached Table to the Plaintiff and each of the above money against the Defendant.

Reasons

1. Basic facts

A. On April 28, 2004, around 19:50, there was an accident where the part of the car B driven by A (hereinafter “Defendant vehicle”) running in the same direction as the part of the part on the left side of the vehicle B located in the Song-dong mine in Gwangju Mine (hereinafter “Defendant vehicle”) and the part on the DNA taxi (hereinafter “Plaintiff vehicle”) proceeding in the same direction, and where the part on the part of the vehicle DV proceeding in the same direction, is slightly conflicting (hereinafter “instant accident”).

B. Due to the instant accident, E, a passenger on board the winghead of the Plaintiff’s vehicle, suffered injuries, such as e-mail gymosis damage.

C. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with the Plaintiff’s owner of the vehicle as the insured, and the Defendant is an insurer that entered into a comprehensive insurance contract with the Defendant’s vehicle.

From December 30, 2004 to December 22, 2006, the Plaintiff paid KRW 37,719,770, and KRW 40,000,00 in the name of daily income or consolation money on July 3, 2008. While receiving KRW 40,000,00 in the above 40,00,00, “A (E means E) suffered damages due to the instant accident,” Party (referring to the Plaintiff) received the entire amount of damages to be legally borne by Party B (referring to the Plaintiff) and agreed in full with each other, so it refers to the waiver of all civil and criminal claims, such as objection to the degree of damages, claims for damages, etc., and then the agreement becomes invalid after signing and sealing the agreement.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3 through 7, 10, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The cause of the action.