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(영문) 서울중앙지방법원 2020.10.22 2019가단5227261
청구이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of C vehicle (hereinafter “accidentd vehicle”), and the Defendant is the insurer who entered into an automobile insurance contract, including non-life insurance security, with respect to the E vehicle with D (hereinafter “victim”).

B. (1) On August 8, 2016, the occurrence of the instant accident and the preparation of the instant agreement, etc. (1) around 00:45, the Plaintiff, while under the influence of alcohol with a blood alcohol content of 0.199% without a driver’s license, driven the victim’s vehicle while driving the accident at the steering room and driving the vehicle in front of the F in the front of the Ycheon-si on the Mag-si, the front of the Mag-si, while driving the vehicle on the Mag-si, the Mag-si, while driving the vehicle on the front of the Mag-si on the Mag-si, the Plaintiff invaded the central line and sustained the victim’s injury by cutting down

(2) On October 25, 2016, the Plaintiff prepared a written agreement with G on the attached sheet stating that “I will submit a written agreement signed and sealed by each other because I would not be held liable for civil or criminal liability for the instant accident,” (hereinafter “instant agreement,” and “the instant agreement”) between the mother of the victim and G, and paid KRW 15 million to G on the same day.

C. The Defendant paid KRW 52,435,670 in total to the insured insured victim from December 28, 2016 to January 26, 2017 according to the terms and conditions of the non-life insurance policy, and returned KRW 12,120,050 in total from the liability insurance company to the duplicate insurer of the non-life insurance security (i.e., pure amount of KRW 9,315,620 (i.e., pure amount of KRW 52,435,670-31,670,000-12,120,050), and additionally paid KRW 205,50 in total from May 18, 2018 to February 15, 2019).

(1)(2).

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