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(영문) 서울중앙지방법원 2019.11.01 2019나26211
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to Cscar vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to Dscar vehicles (hereinafter “Defendant vehicle”).

B. On February 24, 2017, around 01:08:29, the Plaintiff’s driver of the vehicle (J) driven the two lanes of “F” in the front of the “F” located in Osan City, from the G elementary school distance room to the area of the G elementary school. The Plaintiff’s driver discovered the body of the stronger and changed the vehicle into the one lane. In the process, the Plaintiff’s H (70 years of age) who installed his car project on the three-lanes and walked the first lane with the driver’s vehicle on the one lane (hereinafter “the first accident”). Accordingly, the victim exceeded the central separation zone of the said road and exceeded the two-lanes of the opposite one-lane 18 meters away from the point of the accident.

C. On February 24, 2017, at around 01:10:15, the Defendant’s driver (K) driven the two-lanes of the above opposite lane, but did not find the victim in excess of the above road and stopped the vehicle, leading about approximately 13.5 meters away from the vehicle without finding the victim.

(hereinafter “instant secondary accident”. The instant primary accident and the instant secondary accident collectively collectively referred to as “instant accident”). D.

As a result of the autopsy against the victim, it was confirmed that the victim died of diversified damage, such as fladation of head and face bones, breast, spine, verte, pelvis and the bones of bridge, cerebral salphe, heart salphe, fladrhee, liverr fever, liverer, and liverropic tye, etc.

E. On July 31, 2017, the Plaintiff paid 75,000,000 won of insurance money under the name of the victim’s spouse I as damages compensation.

F. On October 27, 2017, with respect to the instant accident, a summary order of KRW 5,000,000 was issued to the Plaintiff’s driver, and the Defendant’s driver was issued a non-prosecution disposition of suspension of indictment.

[Reasons for Recognition] Unsatisfy, Gap 1, 3.

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