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(영문) 서울중앙지방법원 2018.06.21 2017가단5176017
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. On June 25, 2016 to June 25, 2017, the Plaintiff concluded a comprehensive automobile insurance policy for KB business use with respect to one rental car and A (hereinafter “Plaintiff”)’s insurance period.

The defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to cleaning vehicles B (hereinafter referred to as the "Defendant's vehicle").

B. On January 18, 2017, around 04:50, at 04:50, C driving the Plaintiff’s side on the road front of the Yacheon-si, Seocheon-si, Seocheon-si, 257 Gangwon-do, and driving the Plaintiff’s side on the side of the road, leading to two-lanes along the uppermost distance from the drawing of the large tunnel, there was an accident in which the back portion of the Defendant’s side, which was stopped on the right side at the right side of the direction, was the front part of the Plaintiff’s front part of the vehicle (hereinafter “instant accident”).

C. On January 18, 2017, D, who was aboard the back of the Plaintiff’s vehicle, died of severe brain damage caused by the diversification of two and inner frameworks on the back of the instant accident, around 05:50 on January 18, 2017; E, e, an injury, such as the alley duct, etc.; F, an injury, such as an injury to the right side ductating ductal, etc.; G, an injury, such as an injury to the blood ductal, etc., of a external trauma ductle, which has no one in two open; H, who was aboard the front line, was injured by the driver’s seat, such as a light baton, etc.; and, I, who was aboard the front line of the Defendant’s vehicle, suffered from an injury, such as a light catitis.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2-1, Eul evidence 2-2, Eul evidence 3-1-6, Eul evidence 4-1, 2-2, Eul evidence 6-6, the purport of the whole pleadings

2. The Plaintiff’s assertion was erroneous for the Plaintiff’s driver to neglect his duty of safe driving, but the accident of this case occurred if the Defendant’s driver did not stop the vehicle on the left corner, and the risk of the accident was aggravated by making illegal spirits on the road on which the yellow-ray is marked.

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