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(영문) 전주지방법원 2017.06.01 2016나793
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with the Korea Factors Korea Co., Ltd. (hereinafter “Plaintiff”) and the Defendant is the owner of D vehicle (hereinafter “Defendant vehicle”).

B. At around 18:10 on May 8, 2012, the Defendant’s vehicle was driving along two lanes in the direction of completeing from the right edge at the point of 97.2km on the expressway at the right edge on the expressway in the Yongsan-Annch-Annch-Annch-Anon Highway, which is the superior of the Jeonju-gun, and was protruding with the F vehicle in the front direction after towing the left side of the E vehicle driven in the front direction.

As a result, there was an accident in which the FF vehicle was pushed with the second line, and the Plaintiff’s vehicle that had been driven earlier was involved in the accident.

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

On May 29, 2012, the Plaintiff paid 8,274,010 won (i.e., insurance amount of KRW 10,493,010 - returned amount of KRW 2,219,00) to the factoring Korea Co., Ltd. with insurance money based on self-owned vehicle damage security.

[Reasons for Recognition] : Evidence No. 1-2, 3, Evidence Nos. 2, 3, and 1-2, and 3 of this Court, fact inquiry results against the chief of the complete police station, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant, as an operator of the Defendant’s vehicle, shall guarantee the Plaintiff’s automobile accident compensation as the insured (hereinafter “automobile Accident Compensation Act”).

(2) On the other hand, the Defendant asserts that the Automobile Liability Act does not apply to physical damage caused by the operation of the vehicle, so the Defendant does not bear the liability for damages under the Automobile Liability Act regarding the repair cost of the Plaintiff’s vehicle caused by the instant accident.

B. Article 3 of the 1st Motor Vehicle Loss Act provides that a person who operates a motor vehicle for his/her own sake shall be liable to compensate for damages in cases where he/she has killed or injured another person due to the operation thereof.

Therefore, it is true.

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