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(영문) 울산지방법원 2016.11.03 2016나20435
구상금
Text

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 January 28, 2015, around 13:55, the Plaintiff’s vehicle (hereinafter “Plaintiff’s automobile insurance”) changed the two lanes into one lane on the road of the second line in the south-Eup/Myeon in the north-gu, North-gu, Seoul at the port of port on January 28, 2015, and entered the two lanes. In such a case, the Plaintiff’s vehicle and the second lane led to the collision between B (Defendant’s automobile insurance purchase; hereinafter “Defendant’s vehicle”) being driven in the same direction depending on the Plaintiff’s side between the Plaintiff’s vehicle and the second lane.

(hereinafter “instant accident”). (b)

According to the automobile insurance contract, the Plaintiff paid medical expenses for the injury inflicted upon the Plaintiff’s driver and his/her passenger due to the instant accident. On March 16, 2015, the Plaintiff paid KRW 3,037,510 in total at the repair cost of the Plaintiff’s vehicle.

C. The Plaintiff filed a request with the Deliberation Committee on the Settlement of Compensation Payments (hereinafter “Deliberation Committee”) to deliberate on the payment of compensation for medical expenses paid by the Plaintiff against the Defendant in accordance with the mutual agreement on the deliberation of the dispute over compensation for automobile insurance (the Plaintiff and the Defendant are both parties to the said mutual agreement; hereinafter “mutual agreement”).

On July 13, 2015, the Deliberation Committee rendered a decision to set the amount to be paid by the Defendant to the Plaintiff as KRW 1,290,654, while the ratio of negligence between the Plaintiff’s vehicle and the Defendant’s vehicle to the instant accident is 75% and 25%. The said decision became final and conclusive around August 2015, as the Defendant did not object to the said decision.

[Ground of Recognition] Facts without dispute, Gap evidence 1, evidence 2-1 through 4, evidence 3-1, 2, 3, 4, evidence 5-1, 2, 3, 6, evidence 7-1, 2, 8-1, 4, 10-2, 11, evidence 1, Eul evidence 1 and 2-1, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred is caused by the change of the Plaintiff’s vehicle on the side of the two-lanes into one lane.

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