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(영문) 서울중앙지방법원 2019.09.19 2018가단5195619
구상금
Text

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 a motor vehicle insurance contract with the rocketing taxi (hereinafter “Defendant”) with respect to CK5 motor vehicles (hereinafter “Plaintiff vehicle”).

B. On April 9, 2017, E driving the Defendant’s vehicle around 02:27, and driving three lanes between five lanes near the Seoul Gangdong-gu Seoul Metropolitan Government FF at the speed of about 89 km from the tent to the breadth of the street.

The location is a section with a speed of 60km per hour, and at the time, the level of rain (0.5m of cumulative rainfall) was milched, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle at a speed of 20% reduction of the highest speed while looking at the front and right right and the right and the right of the motor vehicle.

Nevertheless, E neglected to do so and neglected to stop the front road and discovered a G crossing the road without permission from the left side of the Defendant’s driving direction to the right side of the road at a speed exceeding 48 km speed per hour, and caused the Deceased to go beyond two-lane due to the negligence of going beyond 89 km speed.

In addition, while driving the Plaintiff’s vehicle and driving the two-lane on the said road, H delayed detection and operation of the Deceased, which was used on the preceding road due to the preceding accident, but did not avoid it, and the body of the Deceased was set up with the front driver and the left wheel of the Plaintiff’s vehicle.

In the end, at around 03:24 of the same day, the victim died of low-blood shock by cage cage cages, etc.

(hereinafter referred to as “instant accident”). C.

On June 28, 2017, the Plaintiff paid 10,000 won to his bereaved family members based on the instant accident, and the Defendant paid 5,000,000 won out of the said insurance money to the Plaintiff on June 29, 2017.

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