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(영문) 서울중앙지방법원 2018.06.27 2018나3051
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff vehicle”), and the Defendant is a company that has executed road works near the Gangseo-si, Gangnam-si.

B. Around 08:00 on February 23, 2017, the driver of the Plaintiff’s vehicle B driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle in front of the Plaintiff’s vehicle, with a one-lane (two-lane) road in the vicinity of the remote wind distance in the Gangnam City 39-9, which is located in the front of the Plaintiff’s seat, along with a one-lane (two-lane) road in the vicinity of the remote wind width, the front portion of the C Operation’s DNA X-ray (hereinafter “victim’s vehicle”) that runs from the front section of the Plaintiff’s vehicle in front of the Plaintiff’s vehicle.

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

From around the date of the instant accident to May 29, 2017, the Plaintiff paid the insurance proceeds of KRW 409,060 with the medical expenses of KRW 38,808,520 with respect to the instant accident, and KRW 7,692,60 with the repair expenses of the damaged vehicle, KRW 2,093,00 with the total of KRW 2,000 with the insurance proceeds of the Plaintiff’s vehicle total of KRW 49,003,180 (=38,808,520 + KRW 409,692,60 + KRW 7,692,000 + KRW 2,000 with the insurance proceeds of the Plaintiff’s vehicle total of KRW 38,808,520).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 through 10, Gap evidence Nos. 1, 2, Gap evidence No. 15-1, 2, Eul evidence No. 15-2, the purport of the whole pleadings and arguments

2. The parties' assertion and judgment

A. The main point of the party’s assertion (i) The Defendant, while executing road works near the point where the instant accident occurred (hereinafter “instant construction”), completely cut off the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the roof bank.

However, the defendant did not completely remove the existing road surface indication while changing the passage route as above.

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