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(영문) 서울중앙지방법원 2017.10.19 2015가단202269

구상금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. The following facts may be found either in dispute between the parties or in addition to the whole purport of the pleadings in respect of the images as set forth in Nos. 3, 4, 7, 9, 2, 4, 6-1 and 2, 6-2, and 8-5 through 10.

Plaintiff

A = G, the spouse of Nonparty F, and Plaintiff B entered into an automobile insurance contract containing each of the “Special Terms and Conditions for Guarantee of Injury by Non-Insurance Vehicles” (hereinafter “Special Terms and Conditions for Guarantee of Injury by Non-Insurance Vehicles”). Defendant D is the driver of the I vehicle (hereinafter “instant vehicle”) and Defendant E is the owner of the said vehicle.

B. On January 25, 2015, at around 07:37:00, Defendant D driven the instant vehicle in which only liability insurance was subscribed, and driven the J apartment in front of the Sungnam-si, Sungnam-si, by driving the instant vehicle, and driving the J apartment in front of the J apartment in front of the J apartment in Seoul, from a subdivision to the Seoul bank, at the two-lanes of the two-lane, and shocked F entering the roadway from the right-hand side of the said vehicle into the roadway on the front right-hand side of the said vehicle (hereinafter “the instant accident”). Accordingly, Defendant D suffered injury, such as an external two-way external blood transfusion, a prop-off transfusion, and a smokeing smoke.

C. On December 8, 2016, Plaintiff A paid KRW 132,915,430,00 as F’s medical expenses by December 8, 2016, in accordance with the special agreement on the guarantee of non-life insurance for an automobile insurance contract entered into with G. The Plaintiff recovered KRW 132,915,430,00 from Nonparty L Co., Ltd., the insurer of the instant vehicle, KRW 37,754,274, and KRW 40,957,40 from Defendant B, the same double insurer of the instant automobile insurance contract (including the amount stated in the column “expenses” as evidence 7).

Defendant D was subject to a non-prosecution disposition on July 23, 2015, following the victim’s expression of non-prosecution to punish the victim of the violation of the special traffic accident dealing with the instant accident.

2. Determination as to the cause of action

A. The plaintiffs' assertion that the accident of this case occurred.