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(영문) 제주지방법원 2014.12.19 2012가단8337

손해배상(자)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the ground of the plaintiff's claim

A. Basic facts 1) The Plaintiff is the driver of B vehicle, and the Defendant is the insurer that entered into a comprehensive automobile insurance contract for C driver D vehicles. 2) The Defendant’s vehicle runs from the hotel entrance on the side of the hotel entrance in Jeju-do 2, Jeju-do 16:30 on August 12, 2009 to the hotel entrance on the side of the hotel entrance in Jeju-do 1255 on August 12, 2009.

(3) On August 26, 2009, the Plaintiff: (a) at the Jeju Hospital on Jeju on August 26, 2009, the Non-Indicted 5, 6, and the Non-Indicted 6, 7 (hereinafter “instant injury”).

(A) was diagnosed by the court. [The facts that there is no dispute over the grounds for recognition, Gap evidence No. 4, Eul evidence No. 1, 2, and 4, and the purport of the whole pleadings.]

B. The gist of the Plaintiff’s assertion is that the Defendant is obligated to pay 70,281,717 won (11,060,000 won for future treatment costs of KRW 11,060,00) to the Plaintiff, since the Plaintiff lost labor ability by suffering the instant injury due to the instant accident.

C. In full view of the following circumstances or facts, it is difficult to view that there exists a causal relationship between the instant accident and the instant injury.

1. The Plaintiff and the Defendant vehicle drivers did not report the instant accident immediately after considering the overall purport of the arguments in the descriptions of the evidence Nos. 1, 1, 2, and 4 as well as the entirety of the arguments. The instant accident conflicts with the front side of the Plaintiff’s vehicle running on the side of the hotel, and the left side of the Defendant’s vehicle running on the side of the hotel. In light of the location and circumstances of the instant accident, the collision part, etc., the degree of shock of the instant accident can be deemed as not serious, and the degree of shock of the instant accident may cause the instant accident.