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(영문) 서울남부지방법원 2018.11.09 2018나55676
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. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with an uninsured motor vehicle with respect to B-owned vehicles, and the Defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to C-E motor vehicles (hereinafter “Defendant”).

B. At around 18:25 on January 12, 2016, D, a driver of the Defendant vehicle, was stopped in front of the crosswalk while the raw ginseng distance room, which was proceeding four lanes from the fourth-lane at the front intersection of Guro-gu Seoul, Guro-gu, Seoul, was making an error underground vehicle from the direction toward the slope.

A, from the raw ginseng distance on which a bicycle (hereinafter referred to as “Plaintiff bicycle”) was boarding at the time, straightened from the direction of direction to the direction of direction of direction, etc. to the direction of direction of direction, etc., A, while driving ahead of a number of vehicles in the direction of direction to the direction of the direction of the direction of the direction of the vehicle in the direction of the direction of the direction of the direction of the vehicle in the direction of the direction of the direction of the direction of the vehicle in the direction of the direction of the direction of the vehicle

C. From February 18, 2016 to February 20, 2018, the Plaintiff paid the insurance proceeds of KRW 4,314,050 as medical expenses according to the injury security by an uninsurance motor vehicle. D.

On March 8, 2016, D, a driver of the Defendant vehicle, stated that “A, as the Plaintiff bicycle rider, did not speak to D because it did not conflict or go beyond, and did not go to the present play,” and D was subject to a non-prosecution disposition of suspicion on the ground that D did not go to the direction direction, etc. in a situation that could not be determined that D had gone to the past, and stated that D interfered with other vehicles and left the site, even though A submitted a written diagnosis and left the site without contact address, there is insufficient evidence to deem that A was in need of relief measures, etc. against A at the time.”

[Ground for Recognition] Unsatisfy, A No. 1.

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