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(영문) 서울중앙지방법원 2017.11.10 2017가단5015327
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. With respect to ASpo Vehicle (hereinafter “Plaintiff”), the Plaintiff is an insurer who has entered into the respective automobile comprehensive insurance policy with respect to the Defendant Heast and Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Heast and Fire”) with respect to BSst and other vehicles (hereinafter “Sst and other vehicles”), Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai Hyundai Sea”) (hereinafter “Defendant Hyundai”) is an insurer who entered into the respective automobile comprehensive insurance policy with respect to the vehicle with the low bid (hereinafter “low vehicle”).

나. D은 2015. 1. 26. 22:10경 혈중알콜농도 0.213%의 술에 취한 상태에서 원고 차량을 운전하여 세종특별자치시 E 소재 F 식당 앞 1번 국도의 2차로를 따라 천안 방면에서 대전 방면으로 진행하다가 F 식당 앞 도로변에 설치되어 있던 방어벽을 충격하고 튕겨지며 D이 원고 차량 밖으로 튕겨나가 1차로에 떨어졌다

(hereinafter referred to as “first accident”). At this time, G driving a string vehicle and driving in the same direction with the vehicle in the same direction without discovering any D (hereinafter referred to as “second accident”) and H driving a vehicle in the front direction with the vehicle in the front direction, while driving the string vehicle, and driving the second accident without discovering the second accident and driving it into the lower part of the string vehicle.

The third accident is called ‘the third accident'.

(C) On February 17, 2015 and February 27, 2015, the Plaintiff paid KRW 200,302,320 in total to D’s bereaved families and I Hospital for agreed money and medical expenses. [Grounds for recognition] There is no dispute, Party A’s evidence 1 through 5, and Party A’s evidence 7 (including number number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. The plaintiff's assertion and judgment

A. The driver of each of the alleged vehicles and the driver of each of the rocketing vehicles did not discover the D having been used in one lane and served in order, and D remains as soon as the third accident occurred.

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