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(영문) 서울중앙지방법원 2020.07.24 2019나59723
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. Facts recognized;

A. The Plaintiff is an insurer which has entered into an automobile insurance contract including a special agreement on indemnity for in place of the obligor where the insured or his/her spouse’s parents and children were injured by a non-life-free automobile with respect to the E-owned vehicle.

The defendant is an insurer who has entered into an automobile liability insurance contract with F regarding the G Cargo Vehicle (hereinafter referred to as the "Defendant Vehicle") owned by the defendant.

B. On April 4, 2017, the Intervenor, who is the father of D, (hereinafter “Supplementary Intervenor”), driven a two-wheeled vehicle (H; hereinafter “Plaintiff”) owned by the Intervenor, and driven a three-lane road in front of Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant road”) from the new forest basin to the private road (hereinafter “instant road”), the front side of the Defendant vehicle, which was parked on the three-lane line on the front side of the front road, was cut off with the front side of the Plaintiff vehicle.

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

On the right edge of the road of this case, resident priority parking zone was established.

At the time of the instant accident, as the driver F of the Defendant Vehicle had already parked in the above area, the Defendant Vehicle F was unable to park the Defendant Vehicle. In order to request towing as above, the Defendant Vehicle was parked in the front line, and the instant accident occurred while F was under way.

보조참가인은 이 사건 사고로 인하여 무릎뼈의 골절개방성, 쇄골의 다발골절폐쇄성 등의 부상을 입었고, 원고는 원고차량의 보험자로서 총 31,140,910원(= 보조참가인이 치료를 받은 병원들에 지급한 치료비 합계 20,640,910원 향후치료비 명목의 합의금 10,500,000원)을 보험금으로 지급하였다.

E. On June 12, 2017, the head of the Seoul Mak-gu Police Station: (a) on June 12, 2017, to F driver of the Defendant vehicle.

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