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(영문) 서울중앙지방법원 2020.07.09 2019나62552
구상금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff’s guaranteed business operator and the insurer are the guaranteed business operator entrusted by the Minister of Land, Infrastructure and Transport with the business of guaranteeing motor vehicle accident compensation under Article 30(1) of the Guarantee of Automobile Accident Compensation Act (hereinafter “Motor Vehicle Accident Compensation Act”), pursuant to Article 45(1) of the same Act. At the same time, when the insured (including C and D) suffered an injury due to an accident occurred due to an accident occurred with the victim of the instant accident and D’s mother-friendly E in concluding a comprehensive motor vehicle insurance contract with the Minister of Land, Infrastructure and Transport, the insurer who entered into a non-life insurance contract with the insurer to compensate for the damage as prescribed by the terms and conditions.

B. The Defendant, at around 17:30 on February 18, 2012, driven an engine displacement not covered by liability insurance (hereinafter “the instant offland”), and proceeded at a speed of about 25 km from the side of G department stores located in Seocho-gu Seoul Metropolitan Government to a speed of about 25 km along the speed of four lanes in the direction of a rapid bus terminal in the direction of the rapid bus terminal, while the Defendant was driving at a speed of about 25 km from the side of G department stores located in Seocho-gu Seoul Metropolitan Government, the Defendant discovered the victims C (11 South-year), and D (6 South-year-year-old) moving the vehicle to the right side of the left side of the course to avoid this and delayed detection and operation of the water to the right side, but the victims of the instant offland did not be faced to the left side of the road.

(hereinafter “instant accident”). C.

The Plaintiff’s compensation and insurance payment 1) In the instant accident, the victim C paid KRW 20,00,000 as C’s medical expenses from June 18, 2012 to January 31, 2013, and on April 30, 2013, the victim C paid KRW 20,000 as the liability insurance policy amount to C’s medical expenses under Article 3(1)2 [Attachment 1] of the Enforcement Decree of the Motor Vehicle Loss Compensation Act, such as cerebral Ra, and the victim D suffered injury corresponding to Grade 8 of the injury grade in the above [Attachment 1], such as the right-hand stropha, the upper right-hand stroke.

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