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(영문) 광주지방법원 2017.11.22 2017나54462
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (a) “No. 4” of No. 3 of the judgment of the court of first instance is “No. 3”; and (b) No. 6 of the judgment of the court of first instance is as stated in the judgment of the court of first instance, except where the No. 5 of the judgment of the court of first instance is used as follows; and (c)

F. Mutual aid 1) The Defendant’s assertion that the Plaintiff received KRW 20 million from J Co., Ltd., KRW 3 million from K Co., Ltd, and KRW 5 million under the pretext of agreement from the Defendant as the cause of the instant accident. As such, each of the above amounts should be deducted from the non-life insurance that the Defendant is obligated to pay to the Plaintiff. (A) Determination on the claim of mutual aid from the insurance company, as follows: (a) the written statement in subparagraph 5-1, 2, and 6-1 through 3 of the evidence No. 5-2; (b) the inquiry inquiry into the J Co., Ltd.; (c) according to the result of the inquiry into the fact, following the instant accident, L Co., Ltd., the insurer of the Plaintiff’s vehicle

(i)A person shall pay the Plaintiff’s expenses for hospitalized treatment with the injury insurance proceeds in accordance with the terms and conditions of the non-insurance motor vehicle injury coverage to each relevant hospital, and K Co., Ltd (M Co., Ltd. before the change; hereinafter “K”) shall

J Co., Ltd. (hereinafter “J”) which is the insurer of Defendant vehicle and KRW 3,682,540.

The fact that the defendant paid KRW 20 million to the above K upon the request for the payment of the indemnity amount of KRW 3682,540 to L, respectively, is recognized.

According to the above facts of recognition, L, the insurer of the Plaintiff’s vehicle, paid the Plaintiff’s hospitalized treatment expenses to each of the relevant medical care hospitals in accordance with the non-life insurance policy, thereby exercising the Plaintiff’s right to the third party within the scope of the insurance amount paid. However, each insurance amount paid to J and K, upon exercise of the Plaintiff’s right to the third party, L’s indemnity amount.

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