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(영문) 서울중앙지방법원 2017.07.18 2016가단5086575
구상금
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The occurrence of a traffic accident (1) around 00:20 on December 13, 2012, A driven a B Ptoscar car (hereinafter “Plaintiff”) and proceeded at a speed of about 78 km per hour from the north west of the 1548-1 Mandong, Mapo-gu, Seoul to the north west of the 1548-1 Mandong, the Mandong-gu, Seoul, at a speed of approximately 18 km per hour, due to the negligence of driving the Plaintiff’s vehicle in excess of 18 km per hour without permission from the right side of the running side of the Plaintiff’s vehicle (hereinafter “the network”).

(2) In addition, D driving a taxi for business use (hereinafter “Defendant vehicle”) along the two-lanes of the above road, and performed the two-lanes of the deceased’s body.

(3) The Deceased died from a long-term damage on the spot.

(hereinafter “instant accident”). B.

On November 2, 2012, the Plaintiff is an insurer who entered into an automobile driving insurance contract with F to compensate the damage exceeding Class I of the automobile insurance by determining the insured as the substitute driving between F and F on November 2, 2012, and the Plaintiff is an insurer who entered into an automobile liability insurance contract with respect to the Plaintiff’s automobile (hereinafter “slive accident insurance”). The Defendant is a mutual aid insurer who entered into an automobile accident insurance contract with the Defendant.

C. The bereaved family members of the deceased filed a lawsuit against the plaintiff and the defendant, etc. by Seoul Central District Court (Seoul Central District Court Decision 2014Da5314894) filed a lawsuit claiming damages against the plaintiff, the defendant, and the loting damage insurance, and the above court dismissed the claim against the defendant on January 27, 2016, and sentenced the plaintiff and the loting damage insurance to the judgment that partially recognize the claim against the plaintiff and the loting damage insurance (hereinafter “pre-trial judgment”), and the above judgment became final and conclusive around that time.

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