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(영문) 서울중앙지방법원 2016.04.20 2015가단5226420
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 and the defendant are insurance companies.

The plaintiff acquired the insurance of the vehicle A, and the defendant acquired the insurance of the vehicle B.

(B) from the following, each of the above vehicles is “Plaintiff vehicle” and “Defendant vehicle” (hereinafter “Defendant vehicle”).

On December 17, 2014, the occurrence of the accident C driven the Plaintiff’s vehicle and used 44 national highways in the Hongcheon-gun of the Gangwon National Road, which was located in the Hongcheon-gun of the Gangwon National Road, and used by shocking E, which was located in the central separation zone, in order to build roads in the vicinity of the D cafeteria.

(B) From the following day, F served on E, which was used on the ground while driving the Plaintiff’s vehicle while following the Plaintiff’s vehicle (hereinafter “the second accident”). After the second accident, 7-8 vehicles used on E. After the second accident, the latter served on E.

F was examined at the scene of the accident that was taken off from the defendant vehicle after having over E, but the other station and the vehicle are off the site as they are.

E (hereinafter referred to as "the deceased") died directly with the heart suspension as a private person.

C. The Plaintiff paid insurance money to G, the inheritor of the Deceased, agreed on the amount of damages of KRW 75 million, and paid it.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, 6 and 7, and purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that F, a driver of the Defendant vehicle, caused the death of the Deceased due to joint tort with C, a driver of the Plaintiff vehicle, and that F’s negligence constitutes 50%, and that F, the Plaintiff seeks payment of KRW 37.5 million to the Defendant.

B. In the first accident involving the first accident of recognition 1, the Plaintiff’s vehicle had the front part and the front part of the front part of the front part of the deceased, which first shocked on the right side of the deceased.

As a result, the upper half of the right side of the deceased was shocked by the rear part of the Plaintiff’s vehicle, and thereafter the center of the head of the deceased was shocked by the middle part of the front glass of the Plaintiff’s vehicle.

The shock speed of the deceased head of the front glass is at least 55km.

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