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(영문) 서울중앙지방법원 2017.08.10 2017가단5038276

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 entered into an automobile comprehensive insurance policy for AM car (hereinafter “Plaintiff”), and the Defendant is the Nonparty B’s user as the waste collection and transportation company.

B. On October 22, 2015, at around 05:16, Nonparty C, driving the Plaintiff’s vehicle, driving the Plaintiff’s vehicle on the southyang-si-si, and proceeding to the monthly intersection from the side of the city to the monthly intersection. Nonparty C, at the front section of the vehicle that was parked in order to remove wastes from the front section of the vehicle (hereinafter “Defendant vehicle”) and Nonparty B, who carried out waste collection work from the front section of the Plaintiff vehicle (hereinafter “instant accident”); thereby, Nonparty B, on March 6, 2016, caused the death of the Plaintiff with a multi-long-term unit at around 06:40 on a long-term date.

(hereinafter referred to as “the deceased”). (c)

In this regard, C was indicted on the facts that the accident of this case was caused by negligence of neglecting the duty of care to report the traffic situation of the prior to the accident by driving safely and by neglecting it, and thereby resulting in the death of the deceased, and was sentenced to the judgment of conviction in the case of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, which was sentenced by the Jung-gu District Court 2016Kadan261.

(hereinafter referred to as “prior criminal case”). D.

Meanwhile, Nonparty E, F, G, H, and I, the inheritor of the Deceased, filed a lawsuit against the Plaintiff seeking damages from the instant accident by the Seoul Central District Court Decision 2016Gadan82585. On December 16, 2016, the Plaintiff (the Defendant in the instant case) was sentenced to the judgment that “the Plaintiff (the Defendant in the instant case) shall pay to E 22,90,090, F, G, H, H, and I each of the said money amounting to KRW 23,763,798, and delay damages from the said money.” On the other hand, the Plaintiff appealed, and the instant case is pending as of the closing date of the pleadings in the instant case.

(hereinafter referred to as “pre-trial civil case”). [The grounds for recognition] does not dispute, and Gap evidence Nos. 1, 3, and 6 (each number includes numbers; hereinafter the same shall apply).