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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is KRW 13,094,338 to the Defendant (Counterclaim Plaintiff).
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who entered into an automobile comprehensive damage insurance policy with respect to the automobile load C with B (hereinafter “Plaintiff”) with the insurance period from February 29, 2012 to February 28, 2013.
B. On April 18, 2012, at around 22:29, the Defendant: (a) driven the three-lane road in front of Gangnam-gu Seoul Metropolitan Government D; (b) parked the Plaintiff’s vehicle on the said three-lane while leaving the starting dong and stoppinging the Plaintiff’s vehicle on the said three-lane; (c) discarded the waste into a garbage tank with about 10 meters away; and (d) arbitrarily driven the Plaintiff’s vehicle while under the influence of alcohol farming 0.144% under the influence of alcohol, while driving the Plaintiff’s vehicle at his own discretion, and operated the two-lane road in front of Seongdong-gu Seoul Metropolitan Government E, Seoul at about 40km per hour along the new east along the two-lane.
At around 22:36 of the same day, the back part of the left side of the Plaintiff Hatoba (hereinafter “the instant accident”) driven by F (Free License) changing the vehicle from the two-lanes to the one-lanes of the above road was taken back into the back part of the Plaintiff Hatoba (hereinafter “the instant accident”), and due to the shock, the victim G (Nam, 18 years old) who was driving in the same direction on the right side of the instant vehicle was driven by the victim G (Nam, 18 years old) who was driving in the same direction on the right side of the instant vehicle, and the victim H (n, 19 years old) was driving in the back of the said F and G, and the victim H (hereinafter “the instant accident”), who was driving in the same direction on the back of the instant Otoba (hereinafter “the victims”), and the victim did not take necessary measures such as cutting off the surface of the victim Hatoba to the left side and did not take necessary measures such as cutting off the body.
The defendant is the Seoul Central District Court No. 2012 High Court Decision 2012 High Court Decision 3664 and the crime of violating the Road Traffic Act, which is a fine of 4 million won, and the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle).