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(영문) 서울중앙지방법원 2018.12.13 2018가단5059584
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 the insurer of Nonparty B’s Yando Liber (hereinafter “Plaintiff”) and the Defendant is the managing body of the road where the instant accident occurred.

B. On December 19, 2015, at around 15:37, Nonparty C driven the Plaintiff’s vehicle and proceeded to the left at the front of the E-distance intersection at Seopopopo City D (hereinafter “instant road”) from E, while Nonparty C is proceeding to the right-hand turn, Nonparty C was making a left-hand turn without examining the front side of the front side in order to verify whether there is a vehicle that temporarily stops and travels through the road despite a temporary stop sign, and entered the intersection.

F(44 years old) driven a G 25 tons dump truck (hereinafter referred to as “net truck”) and proceeded straightly from the luminous intersection to the right side of the road along the direction of the road, while discovering the Plaintiff’s vehicle entering the intersection in order to avoid any collision, the F(44 years old) shocked into the right side of the road to the left side in order to detect the Plaintiff’s vehicle and avoid any collision.

(hereinafter referred to as “instant accident”). C.

F was transferred to H Hospital after the instant accident, but at around 16:24 December 19, 2015, the F died due to scarcity damage.

The restriction speed of the road of this case is 50km/h every hour, and at the time of the accident of this case, the deceased was driving at the speed of 112km/h as soon as he violated the restriction speed two times or more while he loaded rocks on a dump truck of 25 tons.

E. The Plaintiff paid KRW 30,000,000,000 as insurance money in relation to the deceased’s heir’s compensation for damages, taking into account 55% negligence, such as the deceased’s overwork, etc., and paid KRW 145,00,000 as insurance money in relation to the deceased’s heir, July 7, 2017, KRW 145,000,000 on December 12, 2017, and KRW 18,000 on October 18, 2017 (vehicle repair cost).

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 2, 4, and 5 (including branch numbers, if any) and the purport of the whole pleadings]

2. The plaintiff.

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