logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.08.23 2016가단5232866
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. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the gender preservation force of the Plaintiff Company and the A dump truck (hereinafter “Defendant”). The Defendant is an insurer who has concluded an automobile insurance contract with B with C dump truck (hereinafter “Defendant”).

B. Around 10:55 on July 20, 2016, D driven the Plaintiff’s vehicle and proceeded at a speed of 60 km per hour among the two-lane roads in the speed of the city, excluding the lane to the left-hand turn at the window of the Chang-si, Gosung-gun, Gosung-gun, Chungcheongnam-do. Around 10:55, the lane was changed to two-lanes.

C. However, there was an accident that the part of the left side of the driver's seat of the defendant vehicle, which was straight ahead of the two-lanes of the road, such as the rear side of the driver's loading box of the plaintiff vehicle changed to the two-lanes, was in conflict. The plaintiff's vehicle that lost its direction due to its shock, became in F.M. Habba in the direction of the traffic signal in the intersection.

(hereinafter referred to as “instant accident”. D. The foregoing accident is referred to as “instant accident.”

E caused the instant accident to the lower part of the Plaintiff’s vehicle, and died of the Plaintiff’s vehicle at the low-blood shock level around 13:36 on the same day while he/she was sent to an emergency room of G Hospital and received treatment.

E. D was sentenced to a suspended sentence of two-year imprisonment without prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death or Injury) on November 16, 2016 in the territory of the Changwon District Court through the instant accident.

(Y) The Plaintiff’s bereaved family members from August 31, 2016 to August 31, 2016, according to the insurance contract concluded with the Sungwon District Court in relation to the instant accident.

9. up to July, 96,467,400 won of insurance proceeds were paid.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

arrow