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(영문) 서울중앙지방법원 2016.01.13 2015가단5221623
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted the cause of the Plaintiff’s claim that: (a) the insurer B, who driven the Plaintiff Company B as a substitute driver of the Plaintiff Company B on July 18, 2014, caused the death and the occurrence of the damage therefrom due to the traffic accident occurred on July 18, 2014, by the negligence of 50% for each of 158,738,170 won of the insurance money that the Defendant paid to the Defendant (the amount after the deduction of KRW 120,00,000 paid by the Defendant as the insurer of the Plaintiff Company) (the amount after the deduction of KRW 120,369,085 won) from among the insurance money that the Defendant paid to the Defendant, 31,747,630 won (the amount after the deduction of KRW 120,00,000 paid by the Defendant as the insurer of the Plaintiff Company) pursuant to the decision of the Committee for Deliberation on the Settlement of Automobile Claim, and thus, repayment of KRW 47,62155.

In this case, there is no dispute between the parties as to the remaining points except the negligence ratio between the driver of the plaintiff vehicle and the driver of the defendant vehicle, and the above negligence ratio is limited to the below.

2. Circumstances leading up to the accident and facts of recognition as to the cause of death of C;

A. B, around 02:30 on July 18, 2014, driving the Plaintiff’s vehicle, driving a two-lane of the front road of the Korea Energy Management Corporation, in the direction of the Suwon-si Metropolitan Water Zone, in the direction of the Suwon-do Water Management Corporation, along the two-lane, from the water source direction, and did not discover pedestrian C crossing the said road and shocked the front part of the Plaintiff’s vehicle.

(1)(b).

In the first accident, C suffered a head from the front glass of the Plaintiff’s driver’s seat, and was over approximately 28.3 meters away from the crosswalk, but after several minutes passed, C changed the vehicle into one lane to avoid the Plaintiff’s vehicle where the Defendant’s vehicle was driven and stopped on the two-lanes, and proceeded with C without discovering C on the two-lanes.

(2) the second accident. (c)

C An operation shall be performed at an Aju University Hospital by suffering injuries, such as brain escape certificates, ruptures, ruptures, ruptures, and ruptures, due to the immediately preceding one or second accident.

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