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(영문) 서울중앙지방법원 2019.01.23 2017가단5189150

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 insurer who entered into a DNA personal automobile insurance contract with C.

B. At around 22:26, Apr. 11, 2017, C driving a E-car and driving a three-lane road of 8.4 km at the east-si in Yangsan City, into Busan from the Yangsan to Busan, C received a F on the right side of the other low-speed vehicle stoppinging on one lane, and caused the F to die due to damage to the two parts and chest parts in that place.

C. At the time of the above accident, the Defendant is a person who was acting on behalf of the F with the low-priced vehicle (G).

The Plaintiff paid 65,00,000 won of insurance money on June 15, 2017 to its bereaved family members as to the damage incurred by F due to the foregoing accident.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 4 evidence, the purport of the whole pleadings

2. The plaintiff's assertion and judgment that the defendant, due to the defect of the vehicle, made a stop on the expressway and requested towing. During that process, the vehicle was pushed down behind the road due to the decline of the vehicle without properly operating the operating device of the vehicle, and the F coming to the expressway in order to have the vehicle run on the expressway, and the vehicle C was in the vicinity of the stop vehicle, and the vehicle C was in the vicinity of the stop vehicle, and due to the negligence of the defendant, the defendant is obliged to pay the amount equivalent to 80% of the fault ratio to the plaintiff.

However, there is no evidence to acknowledge that the Defendant, at the time of the instant accident, stopped and unloaded the vehicle on the side without properly operating the vehicle operation system, and instead, in full view of each description of evidence Nos. 1 and 4, in full view of the purport of the entire pleadings, the Defendant stopped on the side side where the vehicle is sloped at the time, and called to HP Call Center.