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(영문) 서울중앙지방법원 2019.11.21 2019가단5151944

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 contract with respect to Dgallon vehicles owned by C Co., Ltd. (hereinafter “Plaintiff vehicles”). The Defendant is an insurer who has entered into an automobile comprehensive insurance contract with respect to Fgallon vehicles owned by E (hereinafter “Defendant vehicles”).

B. On April 20, 2013, G: (a) around 21:35, when driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle on a two-lane road in front of the “I” restaurant located in C of the Cheongju-si, Cheongju-si; (b) was negligent in performing the duty of Jeoncheon-gu, the Plaintiff’s vehicle’s operation on the right side from the right side of the Plaintiff’s moving the said road without permission; (c) was found later; (d) the Plaintiff’s Sea Council (hereinafter referred to as “Council”) (hereinafter referred to as “W”), and the K (n, 45 years old); (c) was operated to avoid this; and (d) the victims of the Plaintiff’s front part of the vehicle were forced to go beyond the road (hereinafter “instant accident”); and (d) was caused by the death, injury, and injury to brain and death of the parts of the Plaintiff’s vehicle at that time due to the instant accident.

C. At the time of the instant accident, the Defendant’s vehicle was parked in the two-lanes located on the right side of the running direction of the Plaintiff’s vehicle, but the vehicle was parked in the said two-lane width.

On May 30, 2013, the Plaintiff, as an insurer of the Plaintiff’s vehicle, agreed to pay KRW 139,903,090 to L, as a whole, as a legal amount of damages sustained by the deceased and his bereaved family members due to the instant accident. On May 31, 2013, the Plaintiff paid the said amount to L on the 31st of

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 7 (including paper numbers; hereinafter the same shall apply), Eul 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 is against the Plaintiff’s vehicle due to the instant accident and illegal parking.