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(영문) 서울중앙지방법원 2017.06.16 2016가단5209866
구상금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to a vehicle A owned by Nonparty ELS Co., Ltd. (hereinafter “Plaintiff”).

B. On December 16, 2014, at around 08:35, Nonparty B driven the Plaintiff’s vehicle and was composed of Kimcheon-si, the part of the third line of the National Highway (hereinafter “instant national highways”) adjacent to the Tacheon-si (hereinafter “instant national highways”) was driven by approximately 40 kilometers in the speed of Sincheon-si in the direction of Sincheon-si, and the “five-lanes” used for the dispatch bamboo 2 Ri to enter the city of Sincheon-si (hereinafter “instant national highways”) and the instant national highways were to be cut down by a bend down by the rain near the location of the branch. As such, the instant national highways discovered the pre-accidented vehicle that was driven on the left side of the road, followed the Plaintiff’s vehicle while the Plaintiff was deprived of the central line, and followed the Nonparty C’s walking to the left side of the road by leaving the front side of the road, and discussed that the accident occurred.

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

The level of accident site map attached to the police officer in charge of Kimcheon Police Station's preparation of the accident site map (the vehicle marked Ma3 is the plaintiff vehicle, and the vehicle marked Ma1 and Ma2 is the two preceding accidents before the accident occurred) and the satellite photographs at the scene of the accident shall be as specified in the attached field map and the image of the satellite photographs in the attached Form.

The Plaintiff paid total amount of KRW 201,826,650 to the victims of the instant accident, such as Nonparty B and C, medical expenses, agreed money, repair expenses for the Plaintiff’s vehicle, and expenses for recovery from the crashed discussions.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4-1, 2, Gap evidence 7, Gap evidence 11-20, Eul evidence 11-1, Eul's video and the purport of whole pleadings

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion 1 is that the place of the instant accident is a bend and a bend and a bend, a road structure ice is easily ice, and the height of the road is about 5 meters.

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