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(영문) 서울서부지방법원 2014.05.15 2013가단6929
손해배상(자)
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. Basic facts

A. On April 11, 2002, Defendant B driven a C low-priced passenger car, and proceeded along the two-lanes of the road located in Mapo-gu Seoul Metropolitan Government 169-1 from the Mapo-dong to the 5-lanes of the public morality distance from the Mapo-do intersection to the two-lanes of the five-lanes of the public morality distance, and the two-lanes of the Plaintiff’s driving, which was proceeding along one-lane in the same direction, conflict with the two-lanes of the back right-hand side of the said car.

(hereinafter “instant accident”). B.

The defendant East Fire Insurance Co., Ltd. is an insurer who entered into a comprehensive automobile insurance contract with the defendant B on the above defendant vehicle.

C. On April 8, 2005, the Plaintiff filed a lawsuit against the Defendants for damages as Seoul Central District Court 2005Kadan9716.

The date for preparatory pleading designated as of May 17, 2006 and the date for preparatory pleading designated as of September 6, 2006 as the date for preparatory pleading designated as of September 15, 2006 and the date for preparatory pleading designated as of September 6, 2006 as of September 15, 2006 were dealt with by each party’s absence. The date for preparatory pleading designated as of November 22, 2006 as of November 14:00 continued, but the date for preparatory pleading designated as of December 20, 206 was dealt with again by the absence of both parties, the Seoul Central District Court dealt with the said lawsuit as the withdrawal of the lawsuit.

E. Meanwhile, from February 8, 2006 to January 30, 2007, the Plaintiff was confined to the Seoul detention house and the Chungcheong detention house, etc., and the Seoul Central District Court did not serve a notice of the date to the warden of the Seoul Detention House and the Chungcheong detention house while the Plaintiff was confined.

F. On October 23, 2008, the Plaintiff filed an application for perusal of records with the Seoul Central District Court, and on March 6, 2012, filed an application for designation of date with the Seoul Central District Court, but the above records of trial was already discarded, and the said court did not take any measures against the Plaintiff’s application for designation of date.

G. On February 22, 2013, the Plaintiff filed the instant lawsuit with the instant court.

Grounds for Recognition: Facts without dispute between the parties, Gap evidence 1, 2.

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