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(영문) 광주지방법원 2018.11.14 2017나53179
구상금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. On August 27, 201, at around 19:00 on August 27, 201, Defendant C: (a) in conflict with Defendant B’s G car in front of the F convenience store in the city of Jeju, and caused injury to D, such as blood transfusion, among the left-hand turn at the intersection of the F convenience store in the city of Jeju (hereinafter “instant accident”); (b) Defendant A is the owner of the said car; (c) the Plaintiff paid KRW 125,853,030 to D as damages for medical expenses, etc. based on the non-insurance injury security, there is no dispute between the parties.

B. According to the above facts, the plaintiff can file a claim for damages due to the accident of this case by subrogation as the subrogated person D. Thus, the defendants are liable to compensate the plaintiff for damages due to the accident of this case pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act.

2. Determination as to the defendants' defense of extinctive prescription

A. Article 766(1) of the Civil Act provides that "the time when the injured party or his/her legal representative becomes aware of the damage or the identity of the perpetrator is extinguished by prescription if it is not exercised for three years from the day on which the injured party or his/her legal representative becomes aware of the damage." "the day when the injured party becomes aware of the damage" refers to the time when the injured party actually and specifically recognized the facts of the tort, such as the occurrence of the damage, the existence of the illegal harmful act, the proximate causal relation between the harmful act and the occurrence of the damage, etc., and

Supreme Court Decision 200Da22249 Delivered on June 28, 2002, etc. B.

In light of the above legal principles, the following facts and circumstances, i.e., Defendant C and B immediately after the occurrence of the instant accident, by comprehensively taking into account the following facts and circumstances, which can be acknowledged as follows, i.e., the fact that there was no dispute, Gap evidence Nos. 1 through 11, 14 through 21, Eul evidence Nos. 1 and 2 (including virtual numbers) and the overall purport of video and pleading

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