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(영문) 광주지방법원 2018.09.20 2017나8193
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 has entered into a comprehensive automobile insurance contract with respect to C vehicles owned by B (hereinafter “victims”), and the Defendant is the driver and owner of D vehicles (hereinafter “C vehicles”).

B. On May 30, 2017, around 10:35, the Defendant was driving on the one-lane road located in the central line of the Gowon-gun, Gowon-gun, Gowon-gun, 2017, the front part of the driver’s seat of the damaged vehicle, which went beyond the central part of the road, was shocked to the front part of the driver’s seat of the damaged vehicle, and inflicted an injury on E and Dong passengers, who are the driver of the victimized vehicle at the time.

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

From June 5, 2017 to July 5, 2017, the Plaintiff paid KRW 3,99,980 (the treatment cost of KRW 3,399,980 - KRW 1,800,000) to E as insurance proceeds, and KRW 570,470 (the treatment cost of KRW 770,470,000) to F (the treatment cost of KRW 1,200,000) to Hyundai Marine Fire Insurance Co., Ltd., a liability insurer of vehicle liability insurance.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10 evidence, Eul evidence 1 to 4 (including additional evidence, if any)

2. The parties' assertion

A. The Plaintiff’s instant accident was caused by the Defendant’s fault, who committed an offense over the center of the road, instead of properly examining the front door.

Therefore, the Plaintiff has the right to claim for reimbursement of KRW 4,570,450, which deducts the liability insurance amount of the Hyundai Marine Fire Insurance Co., Ltd., a liability insurance company for the Defendant, from the insurance amount paid by the Plaintiff to E and F.

B. The Defendant’s instant accident occurred on a hub road without a median line, and at the time, was negligent in failing to take appropriate preventive driving measures due to the warning of the driver of the damaged vehicle, etc.

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