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(영문) 서울중앙지방법원 2020.01.09 2019가단5001667
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be the part resulting from the participation.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to H vehicles (hereinafter “Plaintiff vehicles”), and the Defendant Intervenor D Co., Ltd. is an insurer who entered into an automobile comprehensive insurance contract with Defendant B with respect to the Iren vehicle owned by it (hereinafter “Defendant vehicle”).

The council of occupants' representatives of Defendant C Apartments (hereinafter referred to as the "Defendant's representatives council") concluded the above consignment management contract with the Intervenor E Co., Ltd. (hereinafter referred to as the " Intervenor E") who is a housing management operator around 2016 in order to manage the entrusted management of the Gyeongcheon-si apartment (total of 596 households, hereinafter referred to as "the apartment of this case"), which is an organization organized by Article 14 of the Multi-Family Housing Management Act.

B. At around 09:05 on June 23, 2018, J, driving the Plaintiff’s vehicle, departing from the parking lot to the apartment entrance of the instant apartment complex (hereinafter “instant road”) and coming into the way to the apartment entrance, the J set up L ( South, five years old, hereinafter “victim”; hereinafter “victim”) getting out of the front part of the Plaintiff’s vehicle with the front wheel part of the victim’s right head.

As a result, the victim died due to the increase of double damage caused by the same day.

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

On the other hand, at the time of the instant accident, Defendant B, who resides in the said Kdong immediately before the instant accident occurred, was parked on India and the roadway around 03:00 on the same day. D.

According to the insurance contract of this case, the Plaintiff’s family members, etc. are the sum of 288,081,120 won for medical expenses and damages until September 20, 2018 (i.e., medical expenses of KRW 308,081,120 for medical expenses of KRW 285 million).

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