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(영문) 서울중앙지방법원 2016.12.14 2016가단5038910
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On July 24, 2011, the Plaintiff, as an insurance company, subscribed to automobile insurance for B owned by A (hereinafter “Plaintiff”) with the term of insurance from July 24, 2011 to November 24, 2012, with the term of insurance from July 24, 2011, and with the term of insurance from November 24, 2012.

The Defendant, as an insurance company, acquired the automobile comprehensive insurance on the C Vehicle (hereinafter “Defendant Vehicle”) which is a route bus No. 102.

On August 24, 2011, A, at around 00:00, driven the Plaintiff’s vehicle under the influence of alcohol concentration of 0.077% and stroke driving, and driven the road of five lanes near the bus stops of the department department store in Sungnam-si. The road of five lanes in the vicinity of the bus stops of the department department department department was driven along the 4-lanes of the sperm station in the area of the scoke basin.

At the time D, while driving the Defendant vehicle, another bus stops at the bus stops in the five-lane which is the main bus lane, and therefore, it is not possible to enter the bus stops, and it was still stopped at the four-lanes where the bus stops in the bus stops before the beginning of the bus stops.

The four-lanes have yellow solid lines, which are prohibited from parking and stopping as well as parking.

A, due to negligence of neglecting the duty of front-time care while driving alcohol and driving, A could not find the Defendant’s vehicle which was parked in front of the four-lane, and the latter part was shocked by the front part of the Plaintiff’s vehicle.

(B) In the event of the instant accident, the passenger F, G, H, I, J, K, L, M, etc. of the Plaintiff vehicle and the Defendant vehicle suffered each injury.

On August 29, 2011, the Plaintiff, including the payment of insurance proceeds, paid KRW 950,000 to the victims M of the instant accident as agreed amounts, and until October 23, 2015.

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