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(영문) 서울중앙지방법원 2017.05.19 2016나47941
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. In fact, the Plaintiff is an insurer who has entered into an automobile insurance contract including a special contract for injury security by an non-insurance vehicle with respect to a vehicle A and his/her spouse, parents and children with respect to the vehicle B owned by A and their spouse, and the Defendant is an insurer who entered into an automobile insurance contract for a vehicle C (hereinafter “Defendant vehicle”).

On August 27, 2015, the defendant's vehicle, which was in progress in accordance with the straight lines from the front of the road works, along the two-lanes of the two-lanes between the two-lanes of the two-lanes at the intersection in front of the road works, was shocked by the D (A), which was moved to the left side by getting a electric wheelchairs from the front side of the road works and the crosswalk via the crosswalk.

D) The Plaintiff suffered injury falling under class 14 4 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act [Attachment I] of the said accident, and the Plaintiff paid to D the sum of KRW 700,000 and KRW 2,543,370, which was calculated according to the terms and conditions for the payment of insurance proceeds under the agreement to guarantee the injury by an uninsurance motor vehicle, until October 30, 2015, according to the agreement to guarantee the injury by the insured motor vehicle.

According to the terms and conditions of the plaintiff's automobile insurance contract, if an insurance company pays insurance money or damages to the insured or claimant for damage in accordance with the special agreement on accident security by non-insurance vehicles, the right of the insured to the third party shall be acquired within the scope of insurance money or damages. However, if an insurance company compensates part of the insured's damages, it shall be acquired to the extent

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 3, and the purport of the whole pleadings

2. The following circumstances, i.e., images taken in the black box of the Defendant vehicle, which are acknowledged by comprehensively taking account of the existence and percentage of each negligence of the Defendant vehicle D and the driver, and the purport of the entire arguments.

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