logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.09.09 2020나20745
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with D with respect to the sealed trucking vehicle C (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into an automobile insurance contract with F with respect to the Canadian vehicle (hereinafter “Defendant vehicle”).

B. On September 21, 2017, at around 14:40, the Plaintiff’s vehicle driven the road in front of the H resting area in the Namnamnam-gun G along the two-lanes in the direction of the transmission from the direction of the intersection to the south Eup, and entered the one-lane to change the lane without properly examining the road progress, and the Defendant’s vehicle driving in the same direction as the left-hand wheels with the front left-hand wheels.

피고 차량은 그 충격으로 중심을 잃고 피고 차량의 좌측면으로 중앙분리대를 충돌하고 튕겨 나와 2차로로 진입하면서 피고 차량의 우측 앞부분으로 원고 차량의 좌측 뒷바퀴 부분을 충격하였다.

As a result, the plaintiff's vehicle has lost its center and has been transferred, one lane and the central separation zone is faced with each other.

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

As a result of the instant accident, D, the driver of the Plaintiff’s vehicle, died, the passenger of the Plaintiff’s vehicle I suffered an injury requiring approximately 20 weeks of treatment, and the J, the passenger of the Plaintiff’s vehicle, suffered an injury requiring approximately 6 weeks of treatment, and the F, the driver of the Defendant’s vehicle, suffered an injury requiring approximately 2 weeks of treatment.

Until April 18, 2018, the Plaintiff paid to D’s spouse KRW 81,611,380 with medical expenses and death insurance proceeds, KRW 36,261,90 as part of the medical expenses, and KRW 18,184,610 with the medical expenses and the amount agreed upon by the deceased and the deceased.

E. Meanwhile, on October 4, 1977, F, a driver of the Defendant vehicle, obtained a motorcycle license, but revoked the said license on April 4, 1984.

[Reasons for Recognition] contain facts without dispute, Gap evidence 1 to 3, 6 through 19, and Eul evidence 1 to 7, below.

arrow