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(영문) 인천지방법원 2017.06.02 2016나60389
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. At around 14:55 on May 13, 2015, Defendant vehicles shocked Plaintiff vehicles in the atmosphere of the Dong-gu Incheon Metropolitan City, Yeonsu-gu, Incheon Metropolitan City.

(hereinafter “instant primary accident”). Meanwhile, the Plaintiff’s driver moved about about 500 meters immediately after the primary accident, and shocked the right side of the road.

(hereinafter “instant secondary accident”). C.

As a result of the instant accident, the Plaintiff caused damage to the Plaintiff’s repair cost of KRW 19,91,510 on the Plaintiff’s vehicle, thereby treating the Plaintiff’s vehicle by transfer, and paying KRW 11,870,000 to C as the owner of the Plaintiff’s vehicle, who is the policyholder.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. According to the above facts finding that the first accident of this case was caused by the negligence of the driver of the defendant vehicle who violated the duty of front-time care, and thus, the defendant is obligated to pay to the plaintiff a reasonable amount of insurance proceeds from the first accident of this case.

(3) Article 202-2 of the Civil Procedure Act of the scope of indemnity amount is acknowledged, but it is difficult to prove the specific amount of damage in light of the nature of the case, the court shall make the entire purport of the pleadings, in addition to the absence of evidence to acknowledge the occurrence of the second accident, in light of the circumstances where the second accident occurred, place, distance from the first accident, etc., which is recognized by the overall purport of the statement and pleading evidence No. 2, No. 2, No. 2, No. 1, and No. 1, and the second accident.

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