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(영문) 서울중앙지방법원 2014.12.11 2014나12613
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract under the name of “LIG Handling Business Operator” with A and B as the insured, and the Defendant is the insurer who entered into the automobile insurance contract with DY III III 4 wheeled Cargo Vehicles (hereinafter “instant accident vehicle”).

B. On July 5, 2012, C decided to replace the instant vehicle with a new lane, and purchased the instant vehicle with a new EY III 4-wheeled Cargo at the Hyundai Motor Vehicle’s place of business, and transferred the instant vehicle to F, an employee of the said place of business, along with relevant documents. On the same day, C registered the said vehicle in the name of C with respect to the said vehicle, which is the new vehicle, and then endorsed the insured vehicle of the Defendant and the existing motor vehicle insurance contract from the instant vehicle to the said E vehicle.

C. On July 6, 2012, F, the buyer, transferred the instant accident vehicle to G, who is an exporter of a used vehicle, and G, the new buyer, requested the transportation of the said vehicle to B Company, the consignee. At around 1:10 on the same day, H, the employees of B Company, who operated the instant accident vehicle and proceeded with the back part of the I Company of the I Company, which was in the atmosphere of the traffic signal at the south-dong-gu Incheon Metropolitan City (hereinafter “victim”), with two-lanes of the 4th line road from the Sinung-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

(hereinafter “instant accident”). D.

As a result of the instant accident, J, the driver of the damaged vehicle, the Dong-man, and K, and K respectively, sustained the injury of each “beat, tension, etc.” and the Plaintiff paid the liability insurance amount of KRW 1,518,610 to K on May 22, 2013 and KRW 1,345,790 to K on July 16, 2012 under the pretext of treatment costs and agreement.

E. On July 6, 2012, G returned the number plate of the instant vehicle involved in the instant accident, and reported the export cancellation on August 16, 2012.

F. The instant case.

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