beta
(영문) 창원지방법원 2017.07.19 2017나50802

구상금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. At around 01:50 on October 7, 2015, A, while driving a Brods vehicle (hereinafter “Plaintiff vehicle”) and driving 79 national highways (hereinafter “the instant road”) on the north-west side of the window of Changwon-si, in the direction of a schilling bank, which without permission crossing the said road from the right side to the left side without discovering C, the said road was turned over the opposite side by more than the central separation zone.

(B) At the time of the first accident, D was running a Kaman vehicle (hereinafter “Defendant 3”) on the opposite lane of the Plaintiff’s vehicle on the instant road, and F was driving a G Lasta taxi (hereinafter “Defendant 1”), and H was driving a st cruise vehicle (hereinafter “Defendant 2”) on the opposite lane due to the shock of the Plaintiff’s vehicle (hereinafter “the second accident”), and C died around the time of the second and second accident.

C. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with A, and the National Federation of Passenger Passenger Transport Business is the mutual aid association which entered into a mutual aid agreement with Defendant 1, and Defendant Dongbu Fire Insurance Co., Ltd. is the insurer who entered into a comprehensive automobile insurance contract with Defendant 2 with respect to Defendant 3.

As an insurer for the Plaintiff’s vehicle, the Plaintiff paid KRW 43,00,000 as damages to the surviving families of C as an insurer for the Plaintiff’s vehicle.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 8, Eul evidence 1 through 5, Eul evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s death of the Plaintiff’s assertion C is the primary accident that caused the Plaintiff’s driver’s breach of duty on front-time care, and Defendant 1, Defendant 2, and Defendant 3.