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(영문) 부산지방법원 2018.09.07 2017나44824
손해배상(자) 등
Text

1. All appeals by the plaintiff (appointed party) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. On March 31, 2003, around 18:40 on March 31, 2003, Defendant D had a network A (hereinafter referred to as “the network”) where Defendant A was prone to parking a G vehicle (hereinafter “Defendant”) on the alleyway at the entrance of the F High School located in Busan Dong-gu, Busan.

(hereinafter “instant accident”). (b)

From March 31, 2003, which was the date of the instant accident, the deceased, under the name of brain dead in I Hospital, the parts with two parts, and the diagnosis of the fluoral base of the fluoralum in I Hospital.

4. From July 2, 2003 to May 15, 2003, the hospital was hospitalized for 13 days under the name of brain-proof, salvinal base, salvinal base, salvinal base, salvinum base, and pressure frame 3, respectively.

C. Defendant SS Co., Ltd (hereinafter “Defendant Company”) is an insurer who has concluded an automobile insurance contract with Defendant D regarding the Defendant vehicle.

The deceased died on July 17, 2014 during the first instance trial proceeding. The deceased’s heir was the deceased’s spouse L, children M, and N in addition to the deceased’s child, and L, M, and N did not return to the Republic of Korea in around 1973, and the Plaintiff stated to the effect that “the deceased’s husband L was born between the deceased and the third person in Japan, and that “the deceased’s husband L was given birth between the deceased and the third person in Japan, as well as his/her whereabouts, are unclear.”

(2) On April 1, 2016, the deceased B taken over the instant legal proceedings in the first instance court.

E. On October 4, 2017, when the instant case was pending in the trial, the deceased on October 4, 2017, T is the deceased’s spouse, and the Plaintiff (the appointed party; hereinafter “Plaintiff”) and U, and V jointly succeeded to the network B’s property at the rate of 3/9, the Plaintiff and the appointed party, U, and V, respectively.

F. On December 5, 2017, the Plaintiff and the designated parties submitted a written application for the resumption of a lawsuit to the court of the competent trial on December 5, 2017, and appointed the Plaintiff as the designated party.

[Ground of recognition] There is no dispute.

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