(영문) 서울중앙지방법원 2018.04.04 2017가단5177867

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(영문) 서울중앙지방법원 2018.04.04 2017가단5177867

구상금

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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 each automobile insurance contract with respect to the A Poter vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has concluded each automobile insurance contract with respect to the B Poke vehicle (hereinafter “Defendant vehicle”).

B. Around 06:45 on September 8, 2015, the driver of the Defendant vehicle C driven the Defendant vehicle and driven the two-lane of the two-lane road in order to drive the said vehicle on the part of the passenger vehicle in order to provide relief to the Defendant vehicle. Around that time, the driver of the Plaintiff vehicle driven the said vehicle in order to drive the vehicle in order to drive the vehicle in order to drive the vehicle in order to drive the vehicle in order to drive the vehicle in order to drive the vehicle in order to ensure the road in order to prevent the occurrence of an accident involving the non-party D, who driven the road in the middle direction from the transmission point to the middle direction (hereinafter “the first accident”). Around that time, E (hereinafter “victim”) who driven the vehicle in question and passed the said road in order to provide relief to the said D (hereinafter “victim”). Around the same day, the driver of the Plaintiff vehicle, driving the vehicle in order to drive the said one-lane road on the same day at the front of the road in order to ensure the victim’s 2 or the victim’s negligence.

On the other hand, the defendant driver C was sentenced to a fine of KRW 3 million for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which caused the occurrence of the first accident and caused the death of D, and the driver F of the plaintiff vehicle was sentenced to a suspended sentence for 2 years in October, and the judgment became final and conclusive.

E. On November 9, 2015, the Plaintiff paid KRW 660,000,00 as agreed money to the Family Council Hospital of the Republic of Korea on November 9, 2015, and KRW 2,120,480 as agreed money to the bereaved family on June 9, 2017.

F. The Plaintiff’s death caused by the second accident at the time of the committee for deliberation on indemnity.

참조조문

-교통사고처리 특례법

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