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(영문) 광주고등법원(전주) 2017.08.10 2016나11696
부당이득금
Text

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance business entity that entered into an individual automobile insurance contract (hereinafter “instant insurance contract”) with respect to the Plaintiff’s vehicle B and C (hereinafter “Plaintiff”) on April 12, 201, setting the insurance period from April 12, 2011 to April 12, 2012.

B. (1) On June 11, 201, the Defendant:57 on June 11, 201, owned E Obain-do E (hereinafter “Defendant Obain-do”) by the intersection of the private distance in front of the Songcheon-dong Oba-dong, Seocheon-gu, Songcheon-gu.

(B) At the same time, the Plaintiff’s vehicle was driven by driving the Plaintiff’s vehicle in the direction of main 2nd apartment. At the same time, B was straighten in the direction of Hyundai Amck in the right direction of the Defendant’s proceeding. (2) The Defendant’s proceeding road is set up a four-lane road, which is the right direction of the Defendant’s proceeding. However, there is no separate intersection signal, etc. on the road that the Plaintiff’s vehicle runs, even though the road is set up as a two-lane narrow road.

3) The Plaintiff’s vehicle entered the intersection while driving slowly and stopped within the intersection. The Defendant: (a) conducted an operation to detect the Plaintiff’s vehicle and avoid shocking; (b) however, the Plaintiff’s vehicle was placed at the intersection to avoid shock; (c) the Plaintiff’s vehicle was maintained to the speed limit set up therein; (d) the Plaintiff’s vehicle’s direction runs approximately 16 meters toward the Plaintiff’s left side of the vehicle and the Defendant’s Republic of Korea (hereinafter “instant accident”). As such, the instant accident occurred (hereinafter “instant accident”).

(C) The Defendant suffered injuries, such as the malvine damage, 5, 6, 7 malvine, and the left-hand frame, etc., due to the instant accident, and received the Defendant’s salvous pressure and genetic surgery prior to the 5-7 malvine and salvical surgery from the front-North Korean University Hospital from the front-North Korean University Hospital on June 12, 201.

In addition, the rehabilitation department of the same hospital on June 29, 201 while hospitalized.

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