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(영문) 서울중앙지방법원 2015.11.20 2015나25807
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in each entry or image of Gap evidence 1 to 7 (including branch numbers; hereinafter the same shall apply). It may be admitted in full view of the purport of the entire pleadings:

The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle B (hereinafter referred to as the “Plaintiff’s vehicle”), and the Defendant, as the owner of the Defendant’s vehicle C (hereinafter referred to as the “Defendant’s vehicle”), was only liable for the Defendant’s vehicle.

B. Around 12:45 on March 21, 2009, the Defendant driven the Defendant’s vehicle, driving the Defendant’s vehicle into a back road located in the hydrosidong of a fixed Eup (hereinafter “instant road”) from the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the front bank of the road of the Plaintiff, who is the driver of the vehicle of the front bank of the front bank of the front bank of the front bank of the road of the front bank of the front bank of the front.

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

By August 7, 2014, the Plaintiff paid KRW 6,572,410 in total to D and its treatment hospital, etc. for medical expenses and agreed fees incurred from the instant accident, and returned KRW 2,479,290 in total from the Hyundai Marine Fire Insurance Co., Ltd., the insurer of the Defendant vehicle.

2. Assertion and determination

A. The plaintiff's vehicle going through as the intersection of this case where the plaintiff's assertion 1 by the parties had a right of preference, despite the plaintiff's right of preference, does not yield the right of preference.

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