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(영문) 부산지방법원 2015.11.05 2015가단218101
부당이득금
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 insurer who has concluded an automobile insurance contract with A driver’s B car with the disabled (hereinafter “Plaintiff’s car”), and the Defendant is an insurer who has concluded an insurance contract with C on the D self-pubed vehicle owned by C (hereinafter “Defendant’s vehicle”).

B. A, around 06:00 on December 20, 2013, driven the Plaintiff’s vehicle and stopped on the two-lanes and the side of the two-lanes while driving two-lanes at a point 16.2 km away from the middle side of the Jinanan-gun, the Ginan-gun, the Ginan-gun, the Ginan-gun, the Ginan-gun, the Jinan-gun, the Ginan-gun, which turned down the snowway, leading to shocking the central separation zone and turning it over

C. At around 06:05 on the same day, E (hereinafter referred to as “the deceased”) driven a F Twitter and driven the two-lanes on the same day, and was stopped on the front part of the above Twitter, which was stopped in front of the above Twitter and stopped on the two-lanes.

G around that time, while driving a H Sp-type vehicle and driving the same expressway, the vehicle stopped due to the accident occurred in the above point of accident, and the vehicle stopped in the direction of the anti-clock. However, the G stopped the snowway and stopped.

E. At that time, I found a vehicle that stops due to an accident in the front section of the said expressway while driving the J-mati vehicle and driving it on the said expressway, but did not stop, and proceeded between two vehicles due to the front section of the said vehicle and the rear side of the driver's seat on the front section of the motor vehicle.

그런데 그 과정에서 트랙터에서 내려 도로 위에 서있던 망인을 충격하였고, 그로 인하여 망인은 앞쪽으로 튕겨져 나가 스포티지 차량 앞 1차로에 쓰러졌다

(f) At that time, C drives the Defendant’s vehicle and driving the two-lane of the said expressway at a speed of 80km per hour, multiple representative vehicles are stopped on the front side of the road due to a traffic accident.

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