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(영문) 서울중앙지방법원 2017.09.22 2017나29421
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The fact of recognition (the purport of the evidence Nos. 1 through 3 and the whole pleadings) is that the Plaintiff is a guarantee business operator entrusted by the Minister of Land, Infrastructure and Transport with the business of guaranteeing motor vehicle accident compensation under Article 30(1) of the Guarantee of Automobile Accident Compensation Act pursuant to Article 45(1) of the same Act, and the Defendant is a driver of Category C (hereinafter “Defendant”) and B (Co-Defendant of the first instance trial) is the owner of the Defendant vehicle.

On April 14, 2013, at around 16:20, the Defendant driven the Defendant’s vehicle not covered by liability insurance, and moved back from the upper middle school room of the Seoul Special Metropolitan City Nowon-gu to the acceptance mountain basin at the intersection located in 966-10, the Defendant shocked the front front part of the Plaintiff’s vehicle, which was left left left to the front part of the acceptance mountain basin on the opposite side, with the front front part of the Defendant’s driver’s seat.

The Plaintiff received a claim for the payment of compensation for damage on the ground that the Defendant is an uninsurance vehicle, and was the Guarantee Business Operator of Automobile Accident Compensation, and paid the Plaintiff KRW 1,023,560 in total with medical expenses, etc. by August 5, 2016.

2. In light of the following circumstances acknowledged by the evidence and the purport of the entire pleadings at the above time of the judgment, namely, ① the Plaintiff’s vehicle entered the intersection by making a left-hand turn and passing through the intersection in accordance with the straight and left-hand turn, and entered the one lane in the direction of the acceptance mountain station; ② the Defendant’s vehicle is going through the intersection by right-hand and entered the road in the direction of the acceptance mountain station, and immediately enters the three-lane and the two-lane, and the Plaintiff’s vehicle conflict with the other Plaintiff’s vehicle, the said accident is deemed to have occurred due to the Defendant’s gross negligence, who breached the duty of care to make a right-hand, while making a right-hand at the intersection.

Therefore, the defendant jointly with the plaintiff B, amounting to KRW 1,023,560, and this amount.

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