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(영문) 서울중앙지방법원 2018.10.05 2018나24485
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

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

B. Around 13:30 on June 10, 2017, the driver of the Plaintiff’s vehicle driving the Plaintiff’s vehicle and driving the first three-lane road located in Gwangjin-gu, Seoul Special Metropolitan City at the seat of the military teaching distance away from the military driving distance. While the Defendant’s vehicle repeatedly stops on the front side of the same lane due to the string of the vehicle, even though the string of the vehicle stops on the string of the vehicle, the driver carried the back of the Defendant’s vehicle in front of the Plaintiff’s vehicle, following a speed pedal, even though the vehicle stops on the string of the vehicle.

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

(1) Where a policyholder, etc. has caused the death or injury of another person due to the operation of a motor vehicle, the victim may request an insurance company, etc. to pay the full amount of motor vehicle insurance medical fees, and the amount prescribed by Presidential Decree as advance payment to pay the insurance proceeds, etc. under Article 10, as prescribed by Presidential Decree.

(2) Where an insurance company, etc. receives a request under paragraph (1), it shall pay advance payment within the period prescribed by Ordinance of the Ministry of Land,

(4) Where it is found that the policyholder, etc. has no liability for damages after advance payment has been made under paragraph (2), the insurance company, etc. may demand the person who has received such advance payment refund the amount.

When requesting the payment of advance payment according to the advance payment, injury caused by the instant accident according to the result of Mado Program implemented by the police station after the advance payment was received.

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