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(영문) 광주지방법원 2016.12.23 2016나53073
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is an insurer of a comprehensive automobile insurance contract (securities number C; hereinafter “instant insurance contract”) with respect to the B-solided car (hereinafter “the instant sea-related car”) owned by the Plaintiff, and the Plaintiff is the insured.

B. At around 23:30 on September 10, 2014, E, the representative director of the Plaintiff, driving the instant Maritime Vehicle, and driving the instant Maritime Vehicle on the side of the G Gas station located in the Seo-gu, Gwangju, along one lane from the right side of the G Gas station to the right side of the Gamba, while driving along the one lane from the right side of the Gamba in a way to the right side of the Gamba (hereinafter “instant damaged vehicle”), the front part of the H driver’s I BM Maba (hereinafter “the instant damaged vehicle”) moving to the right side of the instant Maritime Vehicle and driving to the right side of the Gamba, thereby causing the damage of the instant damaged vehicle, such as the escape between water and water, and the damaged vehicle.

(hereinafter referred to as “instant accident”). C.

On April 30, 2015, by the Gwangju District Court 2014Kadan4278, the public prosecution was dismissed on the ground that the part of H among the instant accidents was subscribed to the instant insurance contract, and was sentenced to a fine of KRW 3,00,000 for the damaged part, and the said judgment became final and conclusive as is.

(hereinafter referred to as “related criminal case”). D.

On the other hand, on January 20, 2015, H, the victim of the instant accident, filed a lawsuit against the said E and the Plaintiff seeking damage from the instant accident under the Gwangju District Court 2015Kadan50185, and the said E and the Plaintiff appointed an attorney-J as the legal representative on February 13, 2015. The Defendant, as the insurer of the Plaintiff, participated in the said lawsuit on February 24, 2015.

However, the above J resigned from the attorney on February 26, 2015.

On November 11, 2015, the full bench of the relevant civil case case case was jointly conducted between E and the Plaintiff, with H 17,923,596 won and its related amount from September 10, 2014 to November 11, 2015.

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