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(영문) 광주지방법원 2019.05.14 2018가단535769
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Circumstances, etc. involving accidents;

A. On October 30, 2017, Nonparty C driven a Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-si (hereinafter “victimd-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-dong

However, the Plaintiff’s insurance vehicle (F policyholder C, driver G, and hereinafter “Plaintiff”) followed the Plaintiff’s wheeled the light at the lower end of the Swheeled Land, and obstructed the central line, thereby approaching the damaged vehicle.

On the other hand, the Defendant’s insurance vehicle (HI, hereinafter “Defendant vehicle”) stopped on the right side of the running direction of the damaged vehicle. However, in order for the victimized vehicle to avoid the Plaintiff’s vehicle, there was a traffic accident, such as the attached medicine, in which the direction direction on the road is directed toward the left side of the Defendant’s vehicle. (hereinafter “instant traffic accident”).

B. Around June 2018, the driver of the affected vehicle was dead due to the instant traffic accident, while receiving treatment from J Hospital and K Hospital, etc.

C. The Plaintiff, the insurer of the Plaintiff’s vehicle, paid KRW 109,337,800 to the victim’s side by June 30, 2018, in compensation for damages, such as medical expenses incurred by the driver of the victimized vehicle and the agreement on the bereaved family members.

[Grounds for recognition] Gap 1-6, Eul 3-1-8, the purport of the entire pleadings

2. Appropriateness of the cause of the claim;

A. At the time of the instant traffic accident, the intent of the Plaintiff’s assertion was negligent in causing interference to the vehicles operating normally due to the possession of more than half of the vehicle lines of one lane. Since there was a direct causal relationship with the death of the victim of the instant traffic accident, the Defendant also is liable to compensate for the instant traffic accident.

However, the defendant's liability for damages was jointly exempted in consideration of the negligence and contribution ratio of the defendant's vehicle among the insurance money paid by the plaintiff as the medical expenses and agreement amount of the victim.

Therefore, the defendant.

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