(영문) 창원지방법원마산지원 2016.06.22 2015가단105158

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(영문) 창원지방법원마산지원 2016.06.22 2015가단105158

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 a comprehensive automobile insurance contract with respect to A body-based car (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B MT freight vehicles (hereinafter “Defendant vehicle”).

B. At around 10:40 on April 2, 2014, Nonparty C driven the Plaintiff’s vehicle, driving the front side of the Defendant H driver’s vehicle, driving the Defendant’s front front side of the Plaintiff’s vehicle, driving the vehicle along the two-lane distance from the two-lane side of the two-lane parallel. According to the two-lane, Nonparty G, who walked Nonparty F (the age of 80) on the wheelchairs, was shocked with the front end part of the Plaintiff’s vehicle, driving the Defendant’s front front side part of the Plaintiff’s vehicle, driving the Plaintiff’s vehicle, driving the Defendant’s front side part of the Plaintiff’s vehicle with the front side part of the Plaintiff’s driver’s seat, leading to the death of the F and G (hereinafter “victim”).

(hereinafter “instant accident”). C.

H, while driving the Defendant vehicle, found victims of the instant accident back along the two lanes in the same direction as that of the Plaintiff vehicle, and changed the lanes into one lane to avoid this, and C, who observed the change of the lanes in the front side of the Defendant vehicle, was above B.

As described in the paragraph, the course of the plaintiff vehicle was changed from one to two lanes.

C On October 16, 2014, the Changwon District Court was sentenced to a suspended sentence of two years for a year to imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in relation to the Death of F due to the instant accident.

E. The Plaintiff paid a total of KRW 180,306,406 to the victims and their bereaved family members for the purpose of medical treatment, etc. with the insurance proceeds from the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 9 (including paper numbers), Eul evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The plaintiff's request

참조조문

-교통사고처리 특례법

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