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(영문) 대구지방법원 2015.01.15 2014나10340
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. Basic facts

A. The Plaintiff is an insurer that entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to the automobile owned by B, which includes a non-life-free special agreement with respect to the automobile in question (hereinafter “instant special agreement”), and D is the insured of the instant insurance contract as the head of B.

B. Around 19:20 on August 29, 201, the Defendant driving a vehicle owned by the Defendant solely covered by liability insurance (hereinafter “Defendant vehicle”) and driving a one-lane road in front of the G Bank located in Daegu-gu, Daegu-gu, and shocked the lebane (hereinafter “instant accident”), connected to the lebane of the previous D driver’s vehicle (hereinafter “instant accident”), and D suffered injury, such as the left-hand le part-hand rupture, the left-hand rupture, the left-hand rupture, and the half-month ruptures inside and outside of the left-hand rup.

C. On November 29, 201, according to the instant special agreement, the Plaintiff paid KRW 3,50,000 for the agreed amount of compensation for damage to D, KRW 4,322,150 for medical expenses at H Hospital on December 1, 201, KRW 138,720 for direct non-payment treatment expenses to D on December 5, 201, and KRW 100,000 for auxiliary aids to D on February 24, 2012. On January 13, 2012, the Plaintiff paid KRW 20,000 for medical advisory expenses for D, and received KRW 20,00 for the medical advisory expenses for Defendant vehicle from Hyundai Marine Fire Insurance Co., Ltd. for the insurance proceeds responsible for Defendant vehicle’s insurance proceeds, including KRW 30,400,00 for KRW 30,00 for KRW 30,30 for 230,437,2035,2012.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Eul evidence 1 and Eul evidence 1 (including branch numbers; hereinafter the same shall apply), the result of fact inquiry to the Daegu East Police Station of the court of first instance, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant is liable for damages caused to D due to the instant accident under Article 3 of the Guarantee of Automobile Accident Compensation Act as an operator of the defendant vehicle, and the plaintiff is liable for damages caused to D due to the said accident.

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