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(영문) 대구지방법원 2016.11.16 2016나306694
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract with A and B rocketing vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who entered into an insurance contract with C and C in relation to the sealed vehicle C (hereinafter “Defendant vehicle”).

B. On June 20, 2014, while driving the Defendant on March 20, 2014 and driving along two lanes in the vicinity of the Hosan-Eup Sea, iron wires, which were loaded on the back loading of the Defendant vehicle, have fallen on the two-lanes of the said road.

D Recognizing that immediately after the difference in iron wires, she was carrying the Defendant’s vehicle on the side side of the side.

C. At around 19:38 on June 20, 2014, E: (a) while driving the Plaintiff’s vehicle and driving along the two-lanes of the said road, discovered a steel chemical electric wires with the Defendant’s vehicle fall; (b) rapidly changed the lane into one lane; and (c) thereby, conflict with the F Carren vehicles proceeding in the latter and latter part of the said road.

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

G and H were injured by the instant accident. From July 1, 2014 to September 5, 2014, the Plaintiff paid to G 2,535,240 won (i.e., agreed amount of KRW 1,300,000, KRW 1,235,240, and KRW 3,74,400 for agreed amount and treatment expenses twice from July 11, 2014 to September 5, 2014 (i.e., agreed amount of KRW 2,50,000).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (including branch numbers, if any) and the purport of whole pleadings

2. In addition to the above basic facts, the Plaintiff’s driver, under the influence of alcohol, fell on the road the steel cable, which was loaded in the back loading of the Defendant’s vehicle due to the negligence of operating the vehicle without safety measures such as locking the back loading box of the Defendant’s vehicle. The instant accident occurred while the Plaintiff’s driver discovered it and changed rapidly to one lane.

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