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(영문) 창원지방법원마산지원 2017.09.14 2017가단102412

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into a comprehensive automobile insurance contract with A and B A and B (hereinafter “Plaintiff”), and the Defendant is an insurance company that entered into a comprehensive automobile insurance contract with C and DM5 (hereinafter “Defendant Motor Vehicle”).

B. At around 04:30 on February 10, 2017, E driven the Plaintiff’s vehicle, driving the first lane of the fourth-lane G in front of G in front of G in front of G in front of the city of macro-city F at a speed of about 60 km from the floor of the city of a city of a city of an Abdo and neglecting to do so, due to negligence, he did not discover He who was walking at the first lane in front of the Plaintiff’s vehicle, and did not find any H that was walking on the left side of the vehicle, and H was used on the center of the center of the left side of the Plaintiff’s vehicle.

(hereinafter “1st accident”). C. After approximately one minute from a primary accident, the Defendant’s vehicle was driven by the primary accident and the primary accident occurred, and C served the body toward the centralized separation zone by driving the body toward one-lane (hereinafter “2nd accident”). D.

H died after the occurrence of the first accident and immediately after the second accident, it was killed in the rupture of the rupture of the rupture at the accident site.

E. On March 28, 2017, the Plaintiff paid KRW 504,770 to the Medical Corporation Medical Foundation for the medical treatment expenses of H, and paid KRW 230,000,000 to H’s A as agreed money on March 30, 2017.

(f) E was indicted for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents due to a primary accident and was sentenced to a suspended sentence of one year for six months without prison labor;

(Decision 2017Da468 decided June 14, 2017). [Judgment 2017Da468 decided June 14, 2017] A without dispute, Gap evidence 1, 4, 5, 6, Eul evidence 1-15, 17, 19, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that H died due to the primary and secondary accidents. The death of H is due to the joint tort of E and C, and the liability of C is at least 50%.

Therefore, the defendant, the insurance company of the defendant's automobile, is the death of H.