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(영문) 서울남부지방법원 2015.06.25 2015나52966
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the B Carren vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an automobile insurance contract with C with respect to the D CarF vehicles owned by C (hereinafter “Defendant vehicle”), between October 20, 201 and November 20, 2011, with respect to the insurance period from October 20, 201 to November 20, 201, with respect to the large liability I, II, and the large liability insurance period (hereinafter “instant insurance contract”).

B. According to the terms and conditions of the instant insurance contract, in case of personal indemnification I, for matters not compensated by the insurance company (other than exemption), it provides that “In case where the insurance company directly claims for damage caused by intention of the policyholder or the insured: Provided, That in case of the insurance company pursuant to Article 9 of the Guarantee of Automobile Accident Compensation Act, the insurance company shall pay the victim the amount of compensation to the extent of the amount prescribed by the Automobile Accident Compensation Act and claim the payment

C. On October 23, 201, around 05:36, when driving the Plaintiff’s vehicle, there was an accident in which the part of the Defendant’s husband’s upper right-hand part of the Defendant’s E-driving of the Plaintiff’s her husband, who moved into two lanes at a speed of about 30 to 40km at a speed of about 30 km between the two-lanes and the three-lanes in the direction of the police hospital located in the jurisdiction of Songpa-gu Seoul, Songpa-gu, Seoul. (hereinafter “instant accident”).

As a result of the instant accident, Plaintiff F and G suffered respective injuries, and Plaintiff paid KRW 1,674,50 with F’s medical expenses and agreed amount, and KRW 3,071,840 with G’s medical expenses and agreed amount. The Plaintiff paid KRW 4,746,340 in total.

E. Meanwhile, E is a vehicle or an illegal parking way that attempts to change the lane while driving the vehicle.

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