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(영문) 전주지방법원 2020.12.17 2020나4310
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the driver of D Vehicle (hereinafter “Defendant Vehicle”).

B. On June 23, 2018, the Defendant: (a) driven the Defendant’s vehicle at around 1:35 on June 23, 2018; and (b) opened two-lanes of the Plaintiff’s vehicle under the signal signal stop in the direction of the electric station located near the 674 North Korean Hospital at the front city as in the white zone near the 674 North Korean Hospital at the front city.

(hereinafter referred to as “instant accident”). C.

As a result, the driver of the Plaintiff’s vehicle (hereinafter “victim”) sustained an injury, and the Plaintiff paid total of KRW 4,290,440 (including KRW 1,200,000 for government guarantee projects) out of the victim’s medical expenses, etc. from August 28, 2018 to November 30, 2018.

On the other hand, on July 11, 2018, the victim and the defendant drafted a written agreement stating that "the victim and the defendant agreed on the accident of this case (personal damage) so that they will not be held liable for civil and criminal liability in the future." On July 13, 2018, the victim and the defendant made a written agreement stating that "the victim and the defendant agreed on the accident of this case (material damage) smoothly and they will not be held liable for civil and criminal liability in the future (hereinafter collectively referred to as "each of the above agreements")."

【Ground of recognition】 The fact that there has been no dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 and 2, the purport of whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, since the accident of this case occurred by the defendant's negligence, the defendant is liable for compensating the victim for the damages caused by the accident of this case, and as long as the plaintiff paid the insurance money of KRW 4,290,440 as the insurer of the plaintiff's vehicle, the defendant is liable for paying the indemnity

B. Judgment 1 on the defendant's defenses of this case each of the defendant of this case.

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