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(영문) 서울중앙지방법원 2017.12.06 2017나31011
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, and those resulting from the participation in the appeal.

Reasons

1. The gist of the Plaintiff’s assertion is the insurer who entered into a comprehensive automobile insurance contract with the Plaintiff’s Intervenor with respect to the Plaintiff’s Intervenor (hereinafter “Plaintiff’s vehicle”). The Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to Csi (hereinafter “Defendant’s vehicle”).

On September 27, 2016, the driver of the defendant vehicle driven the defendant vehicle on September 17, 2016, and the house near Sungdong Park in Seongdong-gu Seoul Metropolitan Government passes side roads. On the back side of the defendant vehicle, the driver of the defendant vehicle, who was parked on the upper side of the front side of the vehicle on the upper side of the front side of the vehicle, shocked the front side of the plaintiff vehicle after the driver's seat.

(hereinafter “instant accident”). On November 2, 2016, the Plaintiff paid KRW 800,000,000 to the Intervenor for the instant accident to the Plaintiff’s Intervenor as insurance money, etc. by subrogation as stipulated under Article 682 of the Commercial Act, and acquired the right to claim damages against the Defendant of the Plaintiff’s Intervenor by subrogation as stipulated under Article 682 of the Commercial Act.

Therefore, the defendant is obligated to pay to the plaintiff 800,000 won with the indemnity amount and damages for delay.

2. Therefore, it is not sufficient to recognize that the images of the evidence Nos. 2 and 5, and the images of the evidence Nos. 4, 6, 7, 11 through 13 were shocking the Plaintiff’s vehicle parked in the place and place of the Plaintiff’s assertion, and there is no other evidence to prove otherwise.

Therefore, the Plaintiff’s assertion is rejected as it is without any need to further examine the scope of damages.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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