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(영문) 서울중앙지방법원 2016.06.10 2016나5640
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is that the “unregistered” of the third instance judgment under the second instance judgment is dismissed as “unregistered and non-registered” and that of the third instance judgment except for the payment of the Plaintiff’s insurance money under the second instance judgment as follows. Thus, this part of the reasoning for the judgment of the first instance is identical to that of the first instance judgment under the main sentence of Article 420 of the Civil Procedure Act.

The part of the judgment below is accepted. The plaintiff's plaintiff paid insurance proceeds to the father A of the victim, and 136,000,000 won (20% of the victim's negligence ratio shall be taken into account, and the amount which can be compensated with the liability insurance proceeds shall be deducted from the amount which is equivalent to the related damages suffered by the victim.

) By October 24, 2014, 110,247,040 won (the maximum death amount of KRW 100,000 and the total amount of medical expenses) were paid as compensation for the business of guaranteeing motor vehicle accident compensation (the maximum amount of KRW 100,040).

2. The assertion and judgment

A. According to the evidence prior to the determination of the claim for indemnity payment following the payment of non-life-free vehicle injury insurance, the Defendant’s Defendant of F driver started beyond the stop line on the yellow signal prior to the change into the left-hand signal. Accordingly, the collision between the Defendant’s vehicle and the Defendant’s negligence on the part of E, the driver of the Defendant’s vehicle, caused the collision between the Defendant’s vehicle’s driver’s negligence and the Defendant’s negligence on the part of E, the driver of the instant vehicle.

However, as long as the Defendant refused to pay mutual aid money on the ground of the negligence of the Defendant’s driver who caused the instant accident, it is reasonable to deem that the Defendant’s vehicle also constitutes an unregistered automobile under the instant insurance contract, and as seen earlier, that the Defendant’s vehicle is an unregistered or unregistered automobile.

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