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(영문) 광주지방법원 2019.02.20 2017나59207
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants is modified as follows. A.

The Defendants shall be jointly and severally.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Plaintiff’s vehicle for EM (hereinafter “Plaintiff’s vehicle”)

Co-Defendant D of the first instance trial (hereinafter referred to as “D”)

F vehicle (hereinafter referred to as “Defendant vehicle”)

A) The owner is the Defendant Company. The Defendant Company is the insurer that entered into an automobile insurance contract (100,000,000 won) with respect to the Defendant Company, and the Defendant C is the person who driven the Defendant Company. (2) On August 13, 2014, the Plaintiff driven the Plaintiff Company while driving the Plaintiff Company and proceeding to a tunnel at a point where approximately 1 k meters away from the North ICE in the Changwon-si, Changwon-si, North Korea (hereinafter “instant accident”). On August 13, 2014, the Plaintiff stopped the vehicle that was driven before the Plaintiff Company (hereinafter “on-way accident”). The Defendant C driven the Defendant Company while driving the Plaintiff Company and driving the Plaintiff Company behind the Plaintiff Company without reporting the Plaintiff Company that stopped as above while driving it, and the latter part of the back part of the Defendant Vehicle was shock (hereinafter “instant accident”).

3) At the time of the instant accident, the Plaintiff is in the form of 9 types at the intersection of the Plaintiff’s vehicle as shown in the attached Form (hereinafter “instant column”).

2) The Plaintiff: (a) transferred the instant column to H, including B, while carrying the difficulties and moving from the window G of Changwon-si to G; (b) was in the instant accident along with the strings within the strings within the strings; and (c) subsequently, the Plaintiff transferred the instant column to H to the strings in order to kill the instant column, but caused the instant accident to incur damages, such as the death of the instant column. [based on recognition] There is no dispute; (d) evidence Nos. 1, 2, 7; (e) evidence Nos. 1, 1, 2, 7; (e) evidence Nos. 1, 1, 2, 2, 6, 7, 13 (each description and image including the strings; and (e) each appraisal report by I of the Incorporated Foundation; and (e) the purport of the entire pleadings as a whole.

B. Defendant C, who is the tort of the instant accident, is the defendant corporation, Article 724 of the Commercial Act (the victim's direct right to claim against the insurer).

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