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(영문) 서울남부지방법원 2015.01.27 2013가단228195
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. B, around 17:53 on December 29, 201, driving a three-distance intersection, where no front signal, etc. is installed in Sinsan City D, on the part of the Defendant’s cargo vehicle (hereinafter “Defendant’s vehicle”), the intersection was driven at a speed of 70 to 80km each hour at a distance of 70 km from the boundary of the Agricultural Technology Center to the southN distance.

At this time, B had a duty of care to safely drive the steering gear and brakes by accurately operating the steering gear and brakes so as to prevent the accident due to the absence of a vehicle that gets in front of the Defendant’s vehicle, and even if there was a duty of care to prevent the accident due to the failure to do so, B left the left in order to proceed from the area of the Mad E, and left the left to the south the part of the F Driving’s bicycle that entered the above intersection to the above intersection, and thereby, F suffered an injury, such as the right-hand sulpoptysis, under the right-hand sulpoptysis, under the 8 weeks of medical treatment, such injury was inflicted on the Defendant’s vehicle.

(hereinafter referred to as “instant accident”) B.

The Plaintiff, as an insurer who entered into a comprehensive automobile insurance contract with G, F’s subsidiaries, entered into an indemnity insurance contract with F, and the Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”) entered into a comprehensive automobile insurance contract with I, who is the wife of F F, and H, and entered into a special agreement on indemnity insurance by an uninsurance motor vehicle. Samsung Fire, upon entering into a comprehensive automobile insurance contract with F, paid the sum of KRW 281,549,480 (=the sum of KRW 56,549,480 (the sum of KRW 225,000) by June 18, 2012 in accordance with the special agreement on indemnity insurance.

C. Samsung Fire was paid the sum of KRW 120,00,000,000 from the Hyundai Marine Fire Insurance, the insurer of the Defendant vehicle, from January 26, 2012 to May 31, 2012.

On June 21, 2012, the Plaintiff paid KRW 53,849,820 to Samsung Fire with the shared insurance money under the special agreement on the coverage of the injury by an uninsured automobile.

E. F. F. on September 14, 2012

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