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(영문) 서울중앙지방법원 2015.10.16 2015가단121865

부당이득금반환

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 entered into an automobile insurance contract with A and B Eth vehicle owned by it (hereinafter “Plaintiff”)

The defendant is an insurer who has concluded an insurance contract with C and Darburged vehicles owned by C (hereinafter referred to as "Defendant vehicle").

B. Around 06:00 on December 20, 2013, E driven a F Car and stopped on the two-lanes and side while driving at two-lanes on the middle side of the land-to-face 16.2km in the middle side of the land-to-face 16.2km away from the middle side of the land-to-face 16.2km in the middle side of the land-to-date of the land-to-date of the land-to-face 1. 2) G (hereinafter referred to as “the network”) around 06:05 on the same day while driving the said two-lane on the said highway, while driving the said two-lanes on the road, the lower part of the motor vehicle of the car-to-face she stopped on the front part of the said track and stopped on the two-lane.

3) A around that time, while driving a J SP vehicle and driving a one-lane on the said expressway, the vehicle stopped due to the accident occurred at the point of the said expressway and stopped after moving to the direction of the anti-clock. 4) A around that time, while driving the Plaintiff vehicle and driving a one-lane on the said expressway, discovered a vehicle that stops on the front section of the said expressway while driving on the said expressway, did not stop the vehicle, but proceeded with the two vehicles with the front section of the Plaintiff vehicle by shocking the front section and the rear side of the motor vehicle's seat.

그런데 그 과정에서 위 트랙터에서 내려 도로 위에 서 있던 망인을 충격하였고, 그로 인하여 망인은 앞쪽으로 튕겨져 나가 스포티지 차량 앞 1차로에 쓰러졌다

(hereinafter referred to as “onboard vehicle”). 5C is driving the Defendant vehicle around that time and driving the two-lane of the said expressway at a speed of 80km per hour.