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(영문) 서울중앙지방법원 2017.12.14 2017나44871
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to the A vehicle (hereinafter “Plaintiff”) and B (hereinafter “Defendant vehicle”).

B. Around 01:40 on June 11, 2015, the driver of the Plaintiff’s vehicle driving the Plaintiff’s vehicle and making a left-hand turn at the first lane of the third-lane road adjacent to the intersection of the dialogue library in Yongsan-gu, Yongsan-gu, U.S., and shocked the front part of the Defendant’s vehicle, which was straight down at the said intersection, into the right side of the Plaintiff’s vehicle.

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

As a result of the instant accident, the driver of the Plaintiff Company C suffered from the injury of brain-dead, salvine, and salvine base, and the Plaintiff paid the medical expenses and the amount agreed upon as listed below to C and the Plaintiff Company D, E, and F (hereinafter collectively referred to as “victims,” and only three winners of the Plaintiff Company and the Plaintiff Company, and when referring only three winners, hereinafter “D, etc.”).

[Attachment 1] The details of the payment of insurance proceeds [unit: Won] Medical expenses agreed upon in the name payment date from July 27, 2015 to September 4, 2015; 1,570,360 from September 4, 2015 to 1,570; 1,570; 360 2D 2 D 2,384,830 950,002,334,830 3 E from July 15, 2015 to September 15, 2015;

D. Meanwhile, the Plaintiff paid KRW 1,97,520 to the Defendant’s passenger fares and medical fees, and filed a lawsuit against the Defendant for reimbursement under the Seoul Central District Court Decision 2015Da305, Jun. 15, 2016, the said court rendered a judgment that “the Defendant shall pay the Plaintiff 59,250 won with the interest of KRW 55% per annum from August 8, 2015 to October 15, 2015, and the interest rate of KRW 15% per annum from the following day to the date of full payment,” and the said judgment became final and conclusive around that time.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 5.

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