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(영문) 대구지방법원 2015.12.16 2015나14516
부당이득금반환등
Text

1. The defendant's appeal is dismissed.

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

3. The decision of the court of first instance is in accordance with paragraph 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with A with respect to Bgallon vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to CM520 vehicles (hereinafter “Defendant vehicle”).

B. On September 13, 2012, around 17:55, the Plaintiff’s vehicle was driven by driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle on the front side of the port comprehensive sports center indoor sports center located in the south-gu Gyeongdo-dong at port, and driving the Han Tri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

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

From the date of the instant accident to November 11, 2013, the Plaintiff paid KRW 6,271,860 [the total amount of KRW 3,497,960 [the 3rd vehicle repair cost of KRW 270,00 for the Defendant vehicle repair cost of KRW 4,497,960 [the 1,06,700 for the Defendant vehicle repair cost of KRW 3,352,660 for KRW 38,60 for the 38,600]; the medical expenses and agreement for E, F; and KRW 1,503,90 for E, KRW 504,00 for E ( KRW 99,900 for the E)];

[Ground of recognition] Facts without dispute, entry or video of Gap's evidence 1 through 7 (including branch numbers in the case of additional number), the result of the commission of the delivery of each document to the Daegu District Prosecutors' Office of the first instance and the appellate court, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's accident of this case enters a road from the building located on the right side of the road to the road, disregarding the way of passage prescribed by the Road Traffic Act, and entering a right angle to the two-lanes between the three-lanes.

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