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(영문) 부산지방법원 2016.05.31 2015가단201035
구상금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. D On April 30, 2013, while under the influence of alcohol at 05:05 on April 30, 2013, D, with a blood alcohol content of 0.172%, D driving a f125cc otoba (hereinafter “the instant obaba”), which was parked on the road due to negligence in failing to properly operate steering devices and brake devices, while driving the G obaba (hereinafter “the instant oba”), and driving the front part of the passenger car, which was parked on the left-hand side of the instant obaba, and driving the front part of the passenger car parked on the right-hand side of the passenger car parked on the road (hereinafter “the instant accident”), and driving the same more than five to six meters higher on the right-hand side of the passenger car parked on the road, and resulting in the injury to the back part of the obaba, etc. of the instant obababa.

B. The Plaintiff paid KRW 19,785,430,00,000 each as the repair cost of the said vehicle in accordance with the comprehensive automobile insurance contract, as an insurer entrusted with the business of guaranteeing motor vehicle accident compensation with respect to the damage incurred by non-insurance vehicles as stipulated in Article 30 of the Guarantee of Automobile Accident Compensation Act (hereinafter “The Act”) and an insurer which entered into a comprehensive automobile insurance contract for the said passenger vehicle, within the limit of the liability insurance amount [the limit of the liability insurance amount under Article 3(1)2 of the Enforcement Decree of the Act (amended by Presidential Decree No. 25050, Dec. 30, 2013)] as H’s medical expenses from September 16, 2013 to March 20, 2014, and KRW 10,40,000 as the repair cost of the said vehicle under the comprehensive automobile insurance contract.

C. Meanwhile, the instant accident was registered under the name of the I (hereinafter “the deceased”), and the Deceased died on February 3, 2012, prior to the instant accident.

The Defendants are the inheritors of the deceased’s siblings.

[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 1 and 2 (including each number);

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