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(영문) 서울중앙지방법원 2015.09.03 2014나56767
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract (hereinafter “instant insurance contract”) with respect to B vehicles owned by the Plaintiff, including non-insurance, injury compensation, etc. for B, and the Defendant is a person who installs and manages the Dong road, which is a one-lane road, which is located in the common meal Dong in Gyeyang-gu, Gyeyang-si.

B. At around 03:00 on June 6, 201, C driving the said vehicle on the top of the steering line of the D vehicle owned by C (hereinafter “instant accident vehicle”) and driving the said vehicle on the top of the D vehicle, and driving the said vehicle on a one-lane road located in the one-lane meal dong-dong, Yongsan-gu, Seoyang-gu, Ilyang-si, at the front of the e-mail, caused an accident that she would incur an injury to A by shocking the concrete retaining wall installed on the right side of the company at the e-mail and shocking the concrete retaining wall installed on the right side (hereinafter “the instant accident site”), and the present vehicle at the time was in the condition of being covered only by the liability insurance policy of the Hyundai Marine Fire Insurance Corporation.

C. By September 24, 2012, the Plaintiff paid A medical expenses and agreed amount of KRW 171,978,190 as insurance money in accordance with the instant insurance contract, among the instant insurance contracts by September 24, 2012, and received KRW 42,50,00 from Hyundai Marine Fire Insurance Co., Ltd., a liability insurance company of the instant accident, and paid KRW 129,478,190 as insurance money.

On the other hand, at the time of the accident, the road in the place of the accident in this case is considered to be in the direction of the vehicle in this case, and it is a motor vehicle driving lane in the form of a honding with a honding one-lane. There is a side road connected to the right side of a corporation, which combines in the form of a ponding green line on the right side, and the above side road has a concrete retaining wall between the road and the right side in the direction of the vehicle in this case, and the road and the right side side are installed.

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