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(영문) 대구지방법원 2019.05.31 2018가단138597
구상금
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Chief;

A. The plaintiff's assertion 1) The plaintiff's status as the party is D vehicle (hereinafter the plaintiff's vehicle).

Defendant B Co., Ltd (hereinafter referred to as “Defendant B”) is an insurer who has entered into a comprehensive automobile insurance contract with respect to the automobile.

ii) vehicles E (hereinafter referred to as Defendant 1).

Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) is an insurer who has entered into a comprehensive automobile insurance contract against the insurer.

F vehicles (hereinafter referred to as Defendant 2) shall be the F vehicle.

)에 대하여 자동차종합보험계약을 체결한 보험자이다. 2) 교통사고의 발생 소외 G은 2018. 1. 2. 19:50경 원고차량을 운전하여 경주시 산업로 1890 외동읍 모화리 버스정류장 앞길을 울산방면에서 경주방면으로 2차로로 진행하던 중 원고차량 진행방향 좌측에서 우측으로 무단횡단하던 소외 망 H(이하 피해자라 한다.)를 원고차량 운전석 전면부로 충격하였고 피해자는 원고차량에 충돌 후 튕겨져 나가 반대편 차로의 1차로에 떨어졌다

(hereinafter referred to as "the primary accident"). On the other hand, the defendant 1's vehicle, which driven a single-lane in the opposite line, served the victim on the floor (hereinafter referred to as "the second accident"), and the defendant 2nding behind the defendant 1 vehicle, the second vehicle served again the victim on the floor.

(hereinafter referred to as the "third accident") and the victim caused the death due to brain damage (presumed) due to the accident.

(3) The Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 101,090 to the I Hospital as the medical expenses of the victim, and paid KRW 73,00,000 to the victim’s bereaved family members. 4) According to the victim’s death diagnosis document of the victim’s claim for indemnity, the victim died by the second and third accident without the immediate death after the first accident.

Therefore, the accident in this case is a driver's negligence in driving, such as violation of the duty of care for the driver of the plaintiff vehicle.

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