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1. The part of the Plaintiff’s lawsuit against the Defendants, which claimed KRW 1,66,230,00, is dismissed.
2. The Defendants jointly do so.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition 1) Defendant C’s vehicle D at the one-lane 1, 507-Dong-dong-ro, Gangnam-gu, Seoul on April 8, 2014 (hereinafter “instant vehicle”) at the 1-lane 31, Man-ro, 141, Man-ro, 507, Eastern-ro, Gangnam-gu, Seoul.
) While driving a vehicle and making a left turn to the left in the direction of 507-dong main apartment in the direction of the Gangseo-gu Electronic Authority, it is a private-distance intersection where traffic control is not performed, so the Plaintiff’s bicycle front part of the vehicle, which was crossing the roadway to the direction of the Gangseo-gu Electronic Authority at the time of the left turn due to the negligence of neglecting the right and the left turn, was shocked by the driver of the vehicle in front of the instant case (hereinafter “instant accident”).
(2) Accordingly, Defendant B is the owner of the instant vehicle and is the business operator working for Defendant C, and the instant motor vehicle has been used for business purposes. The instant motor vehicle was used for the instant business.
3) The instant motor vehicle is a malicious life insurance company at the time of the instant accident (hereinafter “foreign insurer”).
B) On January 30, 2015, the insured and the Defendant B subscribed to the liability insurance for business cars (personal compensation I, property compensation). However, the Non-Party Insurers paid 2,400,000 won to the Plaintiff as the medical expenses incurred from the instant accident, and paid 4,633,700 won to the Plaintiff on behalf of the Defendants on January 30, 2015, and agreed to waive all rights related to the instant accident from the Plaintiff and to not file a civil or criminal lawsuit or objection. The written waiver of rights was drafted as follows. The malicious damage insurance (the solatium from the State, loss of business suspension, loss of profit from disability, and loss of profit from disability) subrogated to the Plaintiff.