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(영문) 부산지방법원 2017.12.01 2017나46578
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with a vehicle A (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an automobile insurance contract with a vehicle B (hereinafter “Defendant”).

B. On February 16, 2016, around October 10, 2016, the Plaintiff’s vehicle driven the dong-ro (hereinafter “instant road”) near the Busan-gu D Hospital, Busan-gu, into one-lanes in the direction of the wharf from the old open-water station. At the time, the vehicle was under way in front of the Plaintiff’s vehicle (hereinafter “victim”), and the Defendant’s vehicle was under way in front of the damaged vehicle.

C. Around the above time, the driver of the Defendant vehicle refers to the front bront of the Defendant vehicle, and a cover covering the engine room in front of the vehicle.

When the air inhaler, which was attached to the vehicle, was cut back in front of the glass window, the defendant vehicle was parked rapidly, and the damaged vehicle also found and was parked rapidly.

However, the Plaintiff’s vehicle following the Plaintiff’s vehicle driven away was shocked as it is, and due to its shock, the Defendant’s vehicle was pushed down in the future, and there was an accident where the Defendant’s vehicle was pushed down and shocked (hereinafter “instant accident”).

E. On April 28, 2016, the Plaintiff paid insurance proceeds of KRW 17,541,560,482, including KRW 17,592,482, as the repair cost of the Plaintiff’s vehicle, between March 4, 2016 and May 26, 2016, with the insurance proceeds of KRW 8,174,00 as the insurance proceeds of the Defendant’s vehicle’s damage during the period from March 4, 2016 to May 12, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 3 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the parties’ assertion 1 Plaintiff’s instant accident is that the Defendant’s vehicle was immediately parked in the course of operation, as the air inhaled tool attached to the Defendant’s Bows.

The driver of the defendant vehicle shall be the defendant.

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