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(영문) 서울중앙지방법원 2016.09.28 2015가단5336198
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff, the insurer, concluded an automobile comprehensive insurance contract with the Electric Construction Financial Cooperative, setting the insured as a limited partnership company, Seoul Electric Complex Operator, and the insurance period from December 31, 201 to December 31, 201. 2) A entered into an automobile comprehensive insurance contract with the Defendant, the insurer, as the insurer, as to the B Emat Vehicle (hereinafter “Defendant Vehicle”).

B. At around 16:45 on September 20, 201, C, around 16:45, 201, C used to remove electric wires on the roads of the Macheon-do, Macheon-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the U.S. (2) driving of the Defendant vehicle, proceeding at a speed of 20 to 30km from the irrigation surface of the marg-do, along the street gate with the street gate, while driving the Defendant vehicle at a speed of 20 to 30km from the irrigation surface, the electric wires going to the center of the road.

However, as electric wires are placed on the back wheels wheeling axis of the defendant vehicle, electric wires are committing C body, and C was towed with a volume of about 10 meters, and the accident occurred.

(See attached drawings, hereinafter “instant accident”) C suffered injury, such as cerebral cerebral scam. C. The Plaintiff paid insurance proceeds to C. The Plaintiff calculated the amount of damages of C as KRW 125,688,921, and paid the said amount to C on October 28, 2014. (See attached drawings, hereinafter “instant accident”).

2. The instant accident, which caused the Plaintiff, caused the Defendant’s vehicle driver to have a aluminium cable on the road, due to the removal of snow on the front line of the proceeding, and thus, the Defendant’s vehicle driver caused injury to the Defendant’s vehicle operator, leading the Defendant’s electric wires to get out of the cable by reducing or stopping the speed. However, the Defendant’s vehicle driver’s act of driving the electric wires, which led the Defendant’s electric wires to the Defendant’s vehicle monitoring device, and caused the Defendant’s collision.

At least 30% of the negligence on the part of the driver of the defendant vehicle on the front side.

Therefore, it is sought to pay KRW 37,440,00 equivalent to 30% of the insurance money paid by the Plaintiff.

3. Determination

A. The point of recognition 700 to 800 meters after the point of accident.

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