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(영문) 서울중앙지방법원 2015.07.17 2014가단13578

구상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On August 9, 2010, Defendant A carried C on the backwards of the Oratoba (hereinafter “the instant Obaba”), driving the instant Oraba, proceeding one lane of the three-lane roads of the CY 167-1, Seoyang-dong, Gwangjin-gu, Seoul, as a large park shooting range from the Gu’s long-distance bank, and continued at a speed of more than 50 to 60km by entering the U.S. road located near the accident site.

B. Meanwhile, D, his father, driving a small Eba car owned by Defendant B (hereinafter “instant vehicle”) and driving the said road prior to the instant Oba, and entering the said U.S. lane in order to make a U.S., as seen above, D, while entering the said U.S. road, entered the said U.S. lane, changed rapidly to the right side of the instant Oba and the left side of the instant vehicle, faced with the curbs set up in the opposite direction of the Obaba in the instant case (hereinafter “the instant accident”), and thereby, D, caused injury, such as pressure pressure cutting down, damage to light water, and cutting down the right side side of the instant vehicle.

C. The Plaintiff, as an insurer who entered into a comprehensive automobile insurance contract with F, a mother of C, paid KRW 146,312,420 to C as medical expenses until July 28, 2014 in accordance with the terms and conditions of injury security under the said insurance contract, and paid KRW 52,732,286 as the daily income on July 28, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings

2. Determination on liability for damages

A. The accident of this case occurred by the negligence of the defendant A, who is the driver of the vehicle of this case, and the driver of the vehicle of this case. Thus, the defendant A is a tort, and the defendant B is a tort under the Guarantee of Automobile Accident Compensation Act.