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(영문) 창원지방법원 2019.12.05 2018가단119134
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 27, 2015, at around 13:14, 2015, C driven a D D D D D D D dump truck (hereinafter “instant accident”), and the accident occurred, while driving from the village of Kim Sea to the village of the Jeju-do to the village of the west-do, along with the parallel between Kimhae-gu and the parallel between the west-gu and the west-gu, at the vicinity of the intersection of the Han-do Cg-dong Chho-dong branch of the land of the Han-do branch of the land, following the Gap's own seat and the 2 hump of the 4-side side after

(hereinafter “instant accident”). (b)

이 사건 사고 발생 당시 1차로에서는 도로포장공사가 진행 중이었는데 위와 같이 이탈된 바퀴 2개 중 1개가 위 도로포장 공사현장의 작업장으로 튕겨가면서 작업자 3명에게 부상을 입혔고, 또 다른 바퀴 1개는 인근 도로까지 튕겨져 노견에 주차되어 있던 E 화물차량의 운전석 쪽 문짝 등을 강하게 충격하였다.

The above accident caused the injury to Nonparty F, G, etc., the contractor of the road packing, damaged the cargo vehicle, and caused the damage, such as deep damage to the road.

C. The Plaintiff, as the insurer of the instant vehicle, paid KRW 32,213,910 in total, up to October 2018, the following amount in relation to the instant accident:

- Of F, KRW 1,045,420, KRW 3,000, KRW 22,840,490, KRW 46,70, KRW 353,00, and KRW 27,285,910, including KRW 353,00, and KRW 81,6520, and KRW 4,928,00, including road repair costs, in total, KRW 3,300,00, and KRW 3,300,000, with physical damage compensation.

On the other hand, C, on November 24, 2015, prior to the occurrence of the instant accident, entrusted the Defendant with the instant vehicle of this case on November 24, 2015, and had the Defendant replace two rear wheelss of four 4 cubic wheelss following the driver’s seat (12R 22.5 renewables).

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. On November 24, 2015, prior to the occurrence of the instant accident, the Defendant’s assertion.

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