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(영문) 서울중앙지방법원 2020.05.13 2019나52845
구상금
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. At the time of the occurrence of the basic fact-finding accident, the Plaintiff paid the insurance money to the insured of the Plaintiff’s insured vehicle C-A-A-car (hereinafter “the instant accident”) on August 23, 2018, on August 25, 2018, the lower part of the Defendant’s insured vehicle (hereinafter “the Defendant’s vehicle”) parked in order to board passengers over four and five lanes from the five-lane opposite directions among the roads driven by the Plaintiff’s insured vehicle (hereinafter “the instant accident”), as indicated in the scene map of the accident in the F-B-gu in the vicinity of the Gwangju Mine-gu, Gwangju Mine-gu, on August 23, 2018, as follows:

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The accident of this case not only caused the plaintiff's vehicle's negligence, but also caused the sudden stop between the defendant's vehicle and the five-lanes at night despite the fact that the defendant's vehicle should stop at the edge of the road.

B) In accordance with the terms and conditions of the automobile injury security agreement, the Defendant is obligated to pay the Plaintiff the amount of KRW 1,847,050,050 (i.e., the amount corresponding to the medical expenses out of KRW 2,254,390, which the Plaintiff paid to the Plaintiff as the insurance money (i.e., the amount of KRW 1,254,390 for future medical treatment expenses) as the amount for reimbursement. (ii) The instant accident of this case’s assertion is unreasonable to recognize the negligence of the Defendant’s vehicle due to the accident that occurred due to the abnormal internship of

B. 1) In the instant accident, the existence of the negligence of the Plaintiff’s breach of duty of safe driving of the Plaintiff’s vehicle does not conflict between the parties. 2) We examine whether the Defendant’s fault exists in the instant accident.

The above evidence and the whole pleadings.

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