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(영문) 서울중앙지방법원 2015.04.01 2014가단5041585
구상금
Text

1. The plaintiff's main claim and the plaintiff's claim and the defendant's counterclaim are dismissed, respectively.

2...

Reasons

The main office and counterclaim shall be examined together.

The head of a Si/Gun/Gu shall grant the approval of

1. Basic facts

A. On June 16, 2007, at around 22:56, A operated a gallon (the instant vehicle) with a gallon’s alcohol concentration of 0.126%, and operated two lanes among the two laness of the temporary gallon’s 46 line national highways from the Seoul bank (the instant road, at the following below) with a gallon’s temporary gallon’s gals (the instant road) from the Seoul bank. On June 16, 2007, A received the shocks and gals of the instant vehicle in order to the front right-hand of the instant vehicle and gals of the instant vehicle, and caused the instant vehicle’s death (the instant accident) with the front part of the instant vehicle.

B. The Plaintiff is the insurer who entered into an automobile liability insurance contract with A with respect to the instant vehicle, and the Defendant Nam-si is the manager of the instant road, and the Defendant Korea Land and Housing Corporation is the installer of the instant road.

C. The malicious Co., Ltd. (hereinafter below) concluded a comprehensive automobile insurance contract with the insured as C as the insured 1) paid 169,209,370 won in total on several occasions to C’s bereaved family members in accordance with the indemnity clause for “injury by Non-Insurance” from August 17, 2007 to March 28, 2008. 2) On September 28, 2007, the Plaintiff paid 10,000,000 won in total, and 134,559,610 won in accordance with the Non-Insurance Security as the father insurer of C on December 27, 2007.

3 The bereaved families of C filed a lawsuit against the Defendants claiming damages other than the money that they received from malicious damage insurance with the District Court. The Seoul High Court, the appellate court of the lawsuit, on October 9, 2009, filed traffic safety facilities and street lamps on the road of this case.

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