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(영문) 서울중앙지방법원 2020.09.11 2020가단5014010
구상금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the E-do vehicle owned by D (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to FNA vehicle (hereinafter “Defendant vehicle”).

B. On May 15, 2019, G driven the Plaintiff’s vehicle and served on the networkJ (hereinafter “the network”) that was leading to the front of the H apartment in front of the Jeju H apartment at the Jeju-si Library (hereinafter “the network”) in the front section of the H apartment I room, which was going through by bypassing from the front section of the H apartment to the I room of the H apartment.

(hereinafter referred to as “instant accident”) The accident site map is as shown in the attached Form.

In the accident of this case, the Deceased died of chest damage (be cage cages and hearts, pulmonary heat), and double damage (dual dulls and duness from duness) at the site of the accident.

C. While driving the Defendant vehicle and passing through the accident site of this case with the vehicle of the Plaintiff, K did not discover the Deceased, which was partially moved to the front section due to the accident of this case, and was used as a spherb in the right angle direction, and did not shock the part of the deceased’s arms with the wheels of the Defendant vehicle.

There was no significant change in the location of the deceased before and after the shock of the Defendant vehicle.

On June 19, 2019, the Plaintiff paid the bereaved family members of the Deceased KRW 112,280,000 as insurance money.

E. In relation to the instant accident, the driver G of the Plaintiff vehicle was issued a summary order of KRW 7 million on April 2, 2020 due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death) and confirmed May 2, 2020 (No. 2019Da7441 of Jeju District Court). The driver K of the Defendant vehicle was suspected of having been issued a non-prosecution disposition on December 20, 2019 (Evidence of Evidence).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2-1 to 50, Eul evidence 3, and the purport of the whole pleadings

2. The deceased died due to the station of the Plaintiff’s vehicle and the two main stations of the Defendant’s vehicle.

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