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(영문) 서울중앙지방법원 2015.05.28 2014나23460
구상금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

The defendant shall pay to the plaintiff KRW 2,548,311 as well as to the plaintiff on July 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle B and C (hereinafter “Plaintiff’s vehicle”), and the Defendant is the driver of the Defendant’s vehicle D at the time of the following accident (hereinafter “Defendant’s vehicle”).

B. On February 22, 2013, B driven the Plaintiff’s vehicle on February 22, 2013, and driven the Plaintiff’s vehicle on the front line of the 690-2 Samung-dong, Seoul Special Metropolitan City, Nowon-gu, the first lane from the front line of the 3-lane west-dong, the front line of the 690-2 Samung-dong, to the front line of the road at the front intersection. The accident was discovered on the first lane and stopped on the first lane.

C. From the same perspective, the Defendant discovered two lanes on the two-lane road along the same side as the Plaintiff’s vehicle while driving along the two-lane road on the same side as the two-lane road on the same side of the said two-lane road, and suddenly turned off, and the Defendant’s vehicle was left right side and kidd down on the road, and then was faced with a driver following the Defendant’s seat (hereinafter “the first collision”) (hereinafter “the instant first collision”), and due to the impact, the Defendant was driving the instant taxi at a speed of high speed while driving the two-lane road on the same side as the Plaintiff’s vehicle (hereinafter “the instant two-lane collision”), and returned the said two-lane H vehicle in G driving on the two-lane side of the instant taxi (hereinafter “the instant two-lane collision”), and then returned the said two-lane to the said one-lane hand.

As stated in paragraph (1), an accident that conceals the plaintiff's vehicle (hereinafter referred to as "the accident in this case") which was stopped on a first-lane basis, such as emergency lights, has occurred.

On July 18, 2013, the Plaintiff paid KRW 8,494,370 (excluding KRW 7,870,630 returned from Hyundai Marine Fire Insurance Co., Ltd., a liability insurance company of the Defendant vehicle), with the insurance proceeds arising from the instant accident.

[Reasons for Recognition] Each entry or video of Gap's evidence Nos. 1 through 7, the purport of the whole pleading

2. According to the above facts of recognition, the accident of this case is examined.

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