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1. The plaintiff's appeal is 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. Basic facts
A. On December 24, 2014, at around 12:50 on December 24, 2014, the Defendant: (a) driven by the Obaba (C); (b) was proceeding one-lane of the three-lanes in front of the bus stop box located adjacent to the Ulsan-gu Sabababababba, and was proceeding from the d (hereinafter “victim”) of the victim unauthorized to the left-hand side from the right-hand side of the road; (c) was shocked into the effababababababababa, etc. on the left-hand side; and (d) was inflicted on the victim.
(hereinafter referred to as the “instant accident”). (b)
(1) The Plaintiff’s spouse, E, an insured vehicle, entered into a comprehensive automobile insurance contract with the Plaintiff and the F vehicle as the insured vehicle, and entered into an automobile insurance contract with the Plaintiff. (2) The Defendant was subscribed only to the liability insurance contract, and the Plaintiff paid KRW 13,770,640 in total as medical expenses of the victim from March 4, 2015 to January 29, 2018 according to the said non-insured automobile injury security agreement.
3) On June 30, 2015, the Plaintiff received KRW 2,400,000 from G Co., Ltd., the insurer of Defendant Oral Ba, and recovered KRW 2,00,00,000 from the Defendant on September 23, 2016. C. The Defendant was indicted for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents in relation to the instant accident and became final and conclusive as he/she was sentenced to a fine of KRW 2,00,000 on May 6, 2015 (Ulsan District Court Decision 2015Da1623).
2. Determination
A. The following circumstances acknowledged by the Defendant’s occurrence of liability for damages and the purport of the entire pleadings, i.e., the vicinity of the instant accident, where the bus stops are located at the stores and bus stops, the passage of pedestrians is not substantial, and the crosswalks are located at a place less than 60 meters away from the point.