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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract that covers injuries, etc. caused by non-insurance vehicles with respect to D vehicles owned by C (hereinafter “Plaintiff-owned vehicles”), and the Defendant is the owner of E vehicles (hereinafter “Defendant-owned vehicles”).
B. On July 18, 2015, the Defendant, at Eunpyeong-gu Seoul on July 18, 2015, contacted a substitute driver who uses a “F” number for the purpose of becoming Kim Prisoners of war, and the Defendant was driving the Defendant as an agent driver of the said company.
C. On July 18, 2015, B driven the Defendant vehicle and proceeded in the direction of the eastyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si. On the same day, B continued to follow the signal on the third straight line of the third straight line in the vicinity of the old Yeyang-si, Seoyang-gu, Seoyang-si, and entered the private distance. From the first line of the third straight line on the third straight line of the third straight line, the part of the right side of the Plaintiff vehicle, which was left left to the left pursuant to the new subparagraph, was shocked.
(hereinafter “instant accident”). D. D.
As a result of the instant accident, G (which is included in the said insurance contract concluded by the Plaintiff as his spouse) who is the driver of the Plaintiff’s vehicle (the Plaintiff’s spouse) suffered bodily injury, such as open light and alley, and the Plaintiff’s vehicle was damaged.
The Plaintiff paid KRW 48,453,670 in total to June 15, 2016, including the Plaintiff’s repair cost of KRW 1,955,00 for the Plaintiff’s vehicle, and KRW 46,498,670 for G medical expenses and the agreed amount of KRW 46,498,670 for the Plaintiff’s vehicle. Since then, the Plaintiff received KRW 28,838,650 for the instant accident from the Eastern Fire Marine Insurance Co., Ltd. which concluded an automobile liability insurance contract with respect
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, the instant accident is due to the negligence of the Defendant’s driver who proceeded in violation of the signal without considering the surrounding traffic situation at night.