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(영문) 서울중앙지방법원 2016.06.02 2014나18789
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the amount ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with D with respect to a motor vehicle for E (hereinafter “Plaintiff”) and entered into an non-insurance accident guarantee agreement.

B. On January 6, 2012, at around 17:13, Defendant A driven a motor bicycle of 124C U.S. without a number plate, and neglected the electric stop signal at the Alsan Station located in Gwangjin-gu, Seoul Special Metropolitan City, when disregarding the electric stop signal, and proceeding as a military air station at the 4-lanes of the 5-lane between the 5-lanes at the Alsan Station, Defendant A driven the front part of the Plaintiff’s front part of the D driver’s vehicle, who was left left left at the Alsan Station from the evisde of the evis-dong, pursuant to the new subparagraph, at the right side of the evis-do.

(hereinafter “instant accident”). C.

Lawing Life Insurance Co., Ltd. (hereinafter “Ling Policy”) paid KRW 2,400,000,000 as the medical expenses incurred from this accident on March 16, 2012 to D, as an insurance company entrusted with the guarantee of motor vehicle accident compensation business of the government under Article 30(1) of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12021, Feb. 7, 2014).

On January 25, 2013, the Plaintiff paid to D insurance proceeds of KRW 1,913,026, KRW 12,525,759, KRW 500,00, KRW 552,00, KRW 552,000, and KRW 552,49,000, and KRW 10,00,000, which shall be calculated by deducting KRW 10,00,00, and KRW 5,490,00, and KRW 862,450, total of KRW 6,353,230, as well as KRW 10,00, respectively, of KRW 5,490, and KRW 5,780, and KRW 862,450, respectively.

[Based on the recognition] The statements or images of Gap evidence 1 to 10, Eul evidence 5 and 7 (including each number), the inquiry results on the Chief of Mine Station in the court of first instance, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, this case is examined.

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