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(영문) 서울중앙지방법원 2016.01.22 2015가단5168722
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 entered into an automobile insurance contract with A (hereinafter “Plaintiff”) with B, and the Defendant is an insurer who has entered into an automobile insurance contract with the owner of a temporary number C (hereinafter “Defendant”).

B. At around 20:25 on November 6, 2014, B: (a) driven the Plaintiff’s vehicle and driven the two-lanes of the two-lanes between the two-lanes, namely, the two-lanes of the two-lanes of the two-lanes, at the time of Ansan-si (D) via a location of 37 km in parallel D. At the time of E, E, F, G Tricks, and is driving the two-lanes on the front side of the Plaintiff’s vehicle; (b) while driving the Plaintiff’s vehicle by linking the two-lanes at the time of E, F, and G Tricks, the Plaintiff’s vehicle was driven in a one-lane direction after confising the rear side of G Trr, and was dissated due to its shock.

(hereinafter referred to as “first accident”). (c)

The occurrence of the second accident occurred, while driving the Defendant vehicle at a speed of about 100km per hour while driving the said expressway at a speed of about 100km, H discovered the Plaintiff vehicle between the first and the second lanes, trying to escape to the port, shocking the central separation zone, and shocking the Plaintiff vehicle again on the front side of the steering.

Due to its shock, the Plaintiff’s vehicle turned back to 180 degrees, and the Defendant’s vehicle, once again after the first accident, has shocked the rear part of G Twitler moving to the side, and has been restored due to its shock.

(hereinafter referred to as “second accident”). D.

As the insurer of the Plaintiff’s vehicle, the Plaintiff paid KRW 20,550,000 to B with the insurance money based on its own vehicle loss security, KRW 21,817,00 with the insurance money for the substitute of G vehicle, KRW 900,000 with the insurance money for the substitute of F vehicle, and KRW 5,963,90 with the substitute insurance money, and KRW 49,230,900 with the substitute insurance money.

E. On January 29, 2015, the Plaintiff paid the amount of indemnity to the Defendant to the Deliberation Committee on the Settlement of Disputes over Claims.

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