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(영문) 서울중앙지방법원 2018.02.02 2017가합509305
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff entered into an automobile insurance contract with B on January 29, 2016 to January 29, 2017 with respect to a car for business loan (hereinafter “instant car”), which is owned by B Co., Ltd., with the content that the insured is the B Co., Ltd., and the insurance period is from January 29, 2016 to January 29, 2017. The personal compensation I (=liability insurance) is the amount prescribed by the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act for the personal compensation, the personal compensation is limited to one person for the personal compensation, and the personal compensation is limited to 20,000,000 won per person for the personal injury, such as death or injury injury, and the compensation is limited to 15,00,000 won per person for the personal injury.

The defendant below

(c) is a person responsible for the maintenance and management of roads where a traffic accident described in paragraph (1) occurred.

B, around 04:25 on September 3, 2016, D leased the instant vehicle from a stock company, while driving the said vehicle and driving the national highway No. 69-1 located in 5, Nam-gu, Seocheon-gu, Daegu (hereinafter referred to as the “instant road,” and the said road’s accident location was under the course of driving the said road into the Corporation’s three-distance away from the four-distance boundary of Park Jong-jin-do.

The instant vehicle was broomed into a broom, and shocked a concrete butter team wall form installed on the right side of the road (hereinafter “instant broom prevention facilities”), and died of both drivers D (hereinafter “the driver”) and passengers E, F, G, and H due to the instant accident (hereinafter “instant accident”).

(See Attached Form No. 305,000,000 won was paid to four bereaved family members of the same passenger on October 28, 2016 due to the instant accident, and on November 16, 2016, the Plaintiff paid KRW 15,00,000 to the deceased’s bereaved family members.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, evidence 7 (including each number, if any), Gap evidence 4-1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The point of accident in this case is relatively high for drivers.

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