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(영문) 전주지방법원 2017.06.14 2016가단35408

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Status 1) The Plaintiff is a Party A’s A’s vehicle (hereinafter “Plaintiff 1’s vehicle”).

ii) vehicles B stitch (hereinafter referred to as “Plaintiff 2”)

(2) The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the CNS vehicle (hereinafter “Defendant vehicle”).

B. 1) The network D (hereinafter “the network”).

(2) On February 12, 2016, around 21:55, 2016, the Plaintiff 1 is driving the Plaintiff 1’s vehicle and crosssection E (hereinafter “instant accident site”).

2) While Plaintiff 1 was in the front door of Plaintiff 1’s vehicle, the front door part of Plaintiff 1’s vehicle was shocked on the front part of Plaintiff 2’s front part of Plaintiff 2, who was directly in the opening room of a high-end terminal from the opening room of the sports site. The shocking of Plaintiff 1’s vehicle was pushed down and parked on the erode part of the erode of the instant accident site, which was parked in the erode part of the instant accident site (hereinafter “instant accident”).

2) The Deceased died due to the instant accident.

C. The Plaintiff, as an insurer of Plaintiff 1’s vehicle, paid KRW 198,759,810 as agreed money to the deceased’s bereaved family members, and KRW 4,059,980 as medical expenses.

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

2. At the time of the instant accident, the Defendant’s vehicle was parked within five meters from the edge of the intersection in violation of Article 32 of the Road Traffic Act at the time of the instant accident.

Plaintiff

The first vehicle was shocked with the Plaintiff No. 2, resulting in the death of the Deceased while shocking with the Defendant’s vehicle, and the result of the Deceased’s death would not have occurred without the Defendant’s vehicle. Therefore, the Defendant, the insurer of the Defendant’s vehicle, was paid to the Plaintiff as insurance money.