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(영문) 서울중앙지방법원 2017.11.15 2016가단5009042
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. A, around 06:50 on January 14, 2015, driving a B-Vehicle (hereinafter “Plaintiff”) and proceeding one-lane of the three-lane in the direction of the common ginseng distance from the street side of the D-cafeteria located in the G-si population C at the G-si, G, at the port of the G-si, was shocked by the victim E without permission at the time.

나. 피해자는 그 충격으로 1차로에서 2차로로 튕겨나갔고 마침 원고 차량과 거의 비슷한 위치에서 2차로로 진행하던 불상의 차가 피해자를 역과하였고, 불상의 차 뒤에서 진행하던 F 차량(이하 ‘피고 1차량’이라 한다)과 G 차량(이하 ‘피고 2차량’이라 한다)이 이어서 피해자를 역과하였다.

C. The victim caused the death of the victim due to the above chain of shock.

(hereinafter referred to as “instant accident”) a series of accidents causing the death of the victim due to a chain of shock. D.

The Plaintiff is the insurer of the Plaintiff’s vehicle, and Defendant Hyundai Marine Fire Insurance Co., Ltd. is the insurer of Defendant 1’s vehicle, and Defendant Han Han-dong Co., Ltd. is the insurer of Defendant 2 vehicle

(hereinafter referred to as "vehicles for the defendant 1 and the defendant 2" are referred together to as "vehicles for the defendant 1" / [the grounds for recognition / Each entry in the evidence Nos. 1 through 7 and the purport of the whole pleadings

2. Determination:

A. The plaintiff asserts that the accident in this case occurred by the negligence of the plaintiff's vehicle and the driver of the plaintiff's vehicle. The defendants, the insurer of the plaintiff's vehicle, are obligated to pay the claim amount corresponding to 1/3, which is the ratio of negligence to the plaintiff's insurance money paid to the victim of the accident in this case.

B. The instant accident began with the Plaintiff’s vehicle’s driving ahead of the three-lanes, which led to the collision of the victim, and each driver of the Defendants’ vehicle driving in the two-lanes at the time, has a impact on pedestrian crossings from the first lane to the unauthorized crossing.

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