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(영문) 서울남부지방법원 2016.04.28 2015나54139
구상금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

2...

Reasons

1. The reasons why a party member states this part of the facts of recognition are the corresponding part of the judgment of the court of first instance

(a) add “the instant vehicle” to “the instant vehicle” between “B” and “the forking vehicle”; and “the instant vehicle” to “the instant forking vehicle”;

(c)"2-meter above the 3-lane vehicle" means "2-meter above the 2-meter height";

E. According to the main sentence of Article 420 of the Civil Procedure Act, G, female H, the wife of the victim, “G, the wife of the victim, and the property of the victim,” is the same as the part of the judgment of the first instance except where “W, the wife of the victim, and H, the female of the victim,” respectively, shall be admitted in accordance with the reasoning of the judgment of the court of first instance.

2. The assertion and judgment

A. The Plaintiff’s cause of the instant claim is construction machinery that is not subject to the Guarantee of Automobile Accident Compensation Act (hereinafter “the Automobile Accident Compensation Act”). However, inasmuch as the instant automobile insurance policy explicitly states the amount stipulated in the Enforcement Decree of the Personal Compensation I Act, it can be viewed that the Defendant would compensate for personal injury I in the event of the occurrence of the accident caused by the instant vehicle operation. Thus, the Defendant asserts that the Defendant has a liability to compensate for personal injury according to the terms and conditions of the contract, 405,90 won paid to the victim’s side, 61,012,90 won paid to the victim’s side, 61,794,710 won in total, 70,213,510 won in total, 70,000 won in total, 70,794,213,510 won in total, in subrogation of the right of compensation for damages held by the victim against the Defendant, which is the beneficiary of the instant automobile insurance policy.

B. However, Article 6 of the insurance clause of this case provides for the insurer's liability to compensate for the insured under Section 2, and is different from the insured's accident that occurred while the insured owns, uses, and manages the insured motor vehicle.

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