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(영문) 대구지방법원 2018.08.30 2018나303750
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer that entered into a comprehensive insurance contract for business cars with respect to D New Raging Vehicles (hereinafter “Plaintiff”) with the insured as C between B and B.

B. On February 23, 2017, at around 17:40, the Defendant: (a) operated the 4rd line road near the “F” located in Nam-gu, Daegu-gu, using a low lutoluto (hereinafter “Defendant vehicle”); (b) operated the 4rd line road in the direction of the front mountain distance from the luto road near the “F” located in the Nam-gu, Daegu-gu; and (c) caused an accident to shock the back portion of the Plaintiff’s vehicle, which was stopped over a part of the PC road located adjacent to the said “F” (hereinafter “instant accident”).

C. From May 16, 2017 to August 1, 2017, the Plaintiff paid KRW 6,657,670 to the Defendant totaling KRW 6,670 as insurance money for the Defendant’s personal damage caused by the instant accident.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The following circumstances are found to show the overall purport of the statements and arguments in Gap evidence and evidence Nos. 5 through 8, 10, and Eul evidence Nos. 2-1 and 2 as to the cause of the claim. In other words, the defendant, at the time of the accident, was driving the fourth line road near the "F" located in Daegu-gu E at the time of the accident in the direction of the front yellow distance, while entering the third line to the fourth line from the third line to the fourth line from the fourth line, resulting in the accident at the latest by the negligence of finding the plaintiff's vehicle which was stopped on the side of the above "F" and the fourth line to the fourth line from the above "F".

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