Samsung Fire Insurance Co., Ltd. (Attorney Kim Tae-tae, Counsel for defendant-appellant)

Defendant 1

Lawing Damage Insurance Co., Ltd. (Dong & Seo Law LLC, Attorney Seo Jung-hee, Counsel for the defendant-appellant)

Defendant 3 and one other (Law Firm Mawon, Attorneys Ansan-sung et al., Counsel for the defendant-appellant)

November 12, 2015

Seoul Central District Court Decision 2014Gahap570757 Decided June 25, 2015

1. All appeals filed by the Plaintiff and Defendant Bar Association are dismissed.

2. The costs of appeal shall be borne by each party.

1. Purport of claim

The Defendants jointly and severally pay to the Plaintiff 172,217,400 won with 5% interest per annum from March 29, 2014 to the service date of a copy of the complaint of this case, and 20% interest per annum from the next day to the day of full payment.

2. Purport of appeal

Of the judgment of the court of first instance, the part against the plaintiff shall be revoked. The plaintiff shall pay to the plaintiff 172,217,40 won for the defendant Meritorious Damage Insurance Co., Ltd., and the remaining defendants shall pay 56,047,759 won for each of the above amounts, and 5% per annum for each of the above amounts from March 29, 2014 to the service date of a duplicate of the complaint of this case and 20% per annum for each of the above amounts from the next day to the day of full payment.

Defendant lot Loss Insurance Co., Ltd.: The part against Defendant lot Loss Insurance Co., Ltd. among the judgment of the first instance is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed.

1. Quotation of the first instance judgment

The reasoning of this court’s judgment is as follows: (a) the evidence of the first instance court’s 8-Ra-2, one of the evidence of the first instance judgment, “A evidence No. 12-1, 2, and temporarily suspended during the third to fourth instances; and (b) the fact that the driver’s signal was red at the time of the first instance court’s temporary suspension is the same as the reasoning of the first instance judgment, except for the fact that the driver’s signal was red.”

2. Conclusion

The judgment of the court of first instance is justifiable. All appeals filed against the Plaintiff and Defendant lot insurance are without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Judges Sung Dok (Presiding Judge) Park Jong-il