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(영문) 광주지방법원 2013.04.03 2012가단10459
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. On March 19, 2010, Defendant B driven a freight truck of 35 tons owned by Defendant A (hereinafter “Defendant vehicle”) on the part of the front part of the Non-Party D’s Oba (hereinafter “Plaintiff Oba”) and the part of the Defendant’s right-hand loading of the Defendant vehicle (hereinafter “instant accident”), and as a result, D suffered from an injury, such as pulverization in the front part of the front part of the Non-Party D’s Oba (hereinafter “Plaintiff Oba”), Non-Party D’s Haba (hereinafter “the instant accident”), Non-Party D’s Haba (hereinafter “the instant accident”), Non-Party D’s Hababa in the front part of the abandonment pipe, non-fabscoping part, scoping part of the lower part, scopical part of the west, and scopical part of the front part of the west-do.

B. The lineal and lineal families, including Nonparty E, who are children of D, concluded an automobile insurance contract containing a special insurance contract for injury security with respect to a total of six vehicles, with each insurance limit of KRW 200 million. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to a total of three vehicles, including E-owned vehicles, which includes a special insurance contract for injury security with respect to a total of three vehicles, and D is the insured under each of the above insurance contract, and the Defendant vehicle is an non-insured automobile under the insurance contract which entered into only the insurance contract with Nonparty Korea Commercial Liability Insurance Co., Ltd.

C. From October 2010 to February 16, 2012, the Plaintiff paid KRW 144,091,440 as D’s medical expenses (the king medical expenses and the future medical expenses) according to a special contract for indemnity against non-life insurance. The Plaintiff returned KRW 40,681,90 from the Korea Cargo Insurance Co., Ltd., which is the liability insurer of the Defendant’s vehicle liability insurance. The Plaintiff returned KRW 20,744,440, which is the insurer of other non-life insurance contracts.

【Unsatisfied facts, Gap’s entries or video numbers in Gap’s Evidence Nos. 1, 2, 4, 5, 7, 8, 11, 12, 14, 15, and Eul’s Evidence Nos. 1 through 3.

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