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(영문) 서울중앙지방법원 2014.11.20 2014가단5136773
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 insurance company that has entered into a comprehensive automobile insurance contract with A (hereinafter referred to as the Plaintiff’s vehicle). The Defendant is an insurance company that entered into a two-wheeled automobile insurance contract with the Defendant’s vehicle C (hereinafter referred to as the “Defendant”).

B. On October 6, 2012, around 14:34, when driving the Plaintiff’s vehicle and driving the Defendant’s vehicle at the opposite lane due to the driver’s negligence while driving the Defendant’s vehicle in the opposite lane due to the driver’s failure while driving the Defendant’s vehicle at the opposite lane (hereinafter “accident in this case”), driving the upper part of the front part of the Plaintiff’s vehicle, which was driven by the Defendant’s driver’s vehicle, driving at the opposite lane, was driven by the direction of the one-lane of the direction of the road at the upstream of the (Gu) river basin located in the south of Chuncheon City.

E, who was on board D and Defendant vehicles due to the instant accident, died.

C. On November 13, 2012, the Plaintiff paid KRW 330,000,000 as compensation for damages to E’s inheritors.

D’s inheritors filed a lawsuit against the Plaintiff for damages against this Court No. 2012da330248, and this Court, on June 25, 2013, rendered judgment in favor of D’s successors, by limiting the Plaintiff’s liability for damages to 85% by limiting D’s liability to the lower part of D’s successors, taking into account the circumstances in which D had a wide width of the lane that D had been proceeding and a wide area on the right side of the proceeding, but she had been on the back side while she was on the back side while she driven the oba.

D's successors filed an appeal against the above judgment, and the appellate court was terminated by compulsory conciliation.

[Ground of recognition] Evidence Nos. 1 through 6, Evidence No. 1

2. The plaintiff's assertion and judgment as to the plaintiff

A. The road at the location of the Plaintiff’s assertion that the instant accident occurred is a bend and cannot be seen as a suitable road. The width of the lane where the Defendant’s vehicle is running is 4.8m, and the wide side was 4.8m on the right side.

D is proceeding a sudden kibro.

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