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(영문) 서울중앙지방법원 2018.10.31 2018나26832
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including costs incurred by participation in the appeal.

Reasons

Basic Facts

The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”), and the Defendant is the owner of B-si (hereinafter “Defendant’s vehicle”), and the Intervenor’s Intervenor is a mutual aid business entity who entered into an automobile mutual aid agreement with respect to the Defendant’

On July 31, 2017, around 07:20, 07:5-lanes around Man-dong, Incheon Metropolitan City Man-dong, and the Plaintiff’s vehicle and its subsequent Defendant’s vehicle are waiting for signalling at three lanes. However, as the Defendant’s driver’s growth fell from balk, the Defendant’s vehicle driven slowly in the future, and there was an accident that shocks the rear part of the Plaintiff’s vehicle.

(hereinafter referred to as "the instant accident". C (1980s, male) aboard the Plaintiff’s vehicle was diagnosed in light of the border, scarcity, and scarcitys requiring treatment on August 6, 2017, and D (1980s, females) was diagnosed in the field of scarcitys, both sides of which require treatment for a period of two weeks on the same day.

From September 20 to October 20 of the same year from September 20, 2017, the Plaintiff paid KRW 582,110, and KRW 1,080,630, total of KRW 498,520, as insurance proceeds, for the treatment costs of D. From September 20, 2017 to October 20 of the same year, and acquired the right to claim damages regarding the instant accident from C and D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), and the plaintiff's assertion of the purport of the whole pleadings was caused by the whole negligence of the defendant vehicle. Thus, the defendant, the owner of the defendant vehicle, is liable to pay the amount equivalent to the medical expenses to the plaintiff who acquired the damage claim from the victims.

The Defendant’s assertion was a minor accident that caused the instant accident to be pushed down in the future by the Defendant’s vehicle while the Defendant’s vehicle stops in the signal atmosphere.

Nevertheless, the victims suffered injuries and suffered excessive treatment.

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