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(영문) 의정부지방법원 2019.06.18 2018나2586
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence Nos. 5, Eul evidence Nos. 4 and 5, together with the purport of the whole pleadings:

The Plaintiff is an insurance company that has entered into an automobile insurance contract with D Co., Ltd. and its Esp vehicles (hereinafter referred to as “Plaintiff vehicles”), and the Defendant is an insurance company that entered into an automobile insurance contract with respect to the G Sp vehicles owned by F (hereinafter referred to as “Defendant vehicles”).

B. Around 13:00 on December 19, 2016, H driven the Plaintiff’s vehicle on the street in front of the Uniform Park, and driven the three-lanes of the four-lanes. However, the Defendant’s vehicle driven by the said F changed the vehicle from the two-lane to the three-lanes, and the Defendant’s vehicle driven by the said F changed the vehicle to the three-lanes, and the lower part of the left side of the Plaintiff’s vehicle to the right side of the Plaintiff’s vehicle.

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

At the time of the accident in this case, I, J, and K were accompanied by the driver in addition to the above H as a driver.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion was caused by the Defendant’s negligence by 100% of the Defendant’s driver’s 100%, and the Plaintiff’s subrogation acquired the right of reimbursement by paying KRW 4,842,730 in total the insurance proceeds to H et al. who suffered injury. As such, the Defendant shall pay the said amount to the Plaintiff and damages for delay after

B. (1) According to the statements in Gap evidence Nos. 1 through 4, H from Linbywon: (a) as of December 19, 2016, the Linbywon “Tins and tensions of the Meet, tensions of the Meet, Gyeongs and tensions of the Meet,” and (b) as of December 19, 2016, I is required to receive a written diagnosis for two weeks as of December 20, 2016, as “Tins and tensions of the Meet of the Meet,” and K is required to receive a written diagnosis for two weeks as of December 19, 2016, as “Tins and tensions of the Meet, Gyeongs and tensions of the Meet, Gyeongs and tensions of the Meet, and other detailed parts, and tensions and tensions.”

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