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(영문) 대구지방법원 2018.05.18 2016가단28245

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 has concluded a comprehensive motor vehicle insurance contract with Nonparty A and B (hereinafter only referred to as an insured motor vehicle), and the Defendant is a mutual aid business operator who has concluded a motor vehicle mutual aid contract with Nonparty C (hereinafter referred to as “accidents”).

B. On June 6, 2016, Nonparty D’s occurrence of a traffic accident: (a) driven an insurable vehicle on an insured vehicle and entered into the locktolue zone in Daegu Northern-gu, Daegu-gu, Daegu-si into two-lanes of the median line of the Central Expressway; (b) at the time of entering the one-lane, Nonparty D’s front part of the accident vehicle and the left-hand side of the insured vehicle, which led to the collision (hereinafter “instant accident”).

C. The Plaintiff was on board the insured vehicle, but died of the instant accident, and paid KRW 250,00,000 to the heir of Nonparty E, from June 22, 2016 to August 19, 2016, and paid KRW 951,930 to the medical expenses on December 20, 2016. (2) The Plaintiff was on board the insured vehicle, and paid KRW 1,917,110 to Nonparty F, with the agreed amount and the medical expenses, KRW 3,628,030 to Nonparty G, with the agreed amount and the medical expenses, KRW 3,347,960 to Nonparty I, with the agreed amount and the medical expenses, KRW 718,760 to Nonparty J as the agreed amount and the medical expenses, and KRW 40,00 to Nonparty J as 40,00 each.

3) The Plaintiff: (a) on board the insured vehicle in accordance with the special agreement on the motor vehicle insurance injury guarantee; (b) paid KRW 52,434,690 for agreed money and medical expenses to the non-party K; and (c) paid KRW 314,496,240 for the total amount of KRW 1,057,760 for agreed money and medical expenses to the above D, who is the driver of the insured vehicle, as the traffic accident insurance amount. [Grounds for recognition] The Plaintiff did not have any dispute; and (d) evidence No. 10 for the first place (including serial numbers)

2. The accident of this case in the head of the State reduces the speed in driving the insured vehicle.