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(영문) 서울중앙지방법원 2018.06.14 2017가단5223005
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. (1) On July 5, 2016 to July 5, 2017, the Plaintiff concluded a comprehensive motor vehicle insurance contract with respect to A and B rocketing motor vehicles (hereinafter “instant motor vehicles”) subject to limited driving agreements for at least 22 years of age, with respect to the insurance period from July 5, 2016 to July 5, 2017. The Plaintiff concluded a comprehensive motor vehicle insurance contract with C as to the instant motor vehicles.

(2) The Defendant concluded an automobile comprehensive insurance contract with respect to the E and F Freight (hereinafter “instant freight”).

B. (1) At around 23:00 on June 10, 2017, G, who is an A’s A’s A’s A’s A’s A’s an accident, drinked Ha (C’s sons), etc. to drink on or around 01:50 on June 11, 2017 following the day, while driving the instant car with I (the chief), H, J, and K (the left side of the rear seat) on board to move further alcoholic beverages on or around 01:50 on the instant car.

(2) At around 02:05 on June 11, 2017, G driven the instant passenger vehicle and proceeded from the long-distance to the sponcheon-gu, Songcheon-gu, Jeoncheon-ro, Jeoncheon-ro, to the speed of about 100 km from the long-distance to the speed of 100 km, and moved to the direction of the “M store” in the instant L, bypassing it to the direction of the “M store.”

However, G was bypassing without decreasing speed, and the body of the vehicle was pushed away from the road to the left, and cut off the roadside trees. During that process, while the body of the vehicle exceeds 90§¯ toward the left side, the vehicle turned over several km meters at the right side while the driving seat abutts on the ground, and received the right side part of the cargo loaded on the instant truck that was parked on the side of the road.

During that process, H’s timber on the back of the driver’s seat fell between the part on the head of the driver’s seat and the part on the body of the vehicle. However, while G et al. tried to rescue H, the 119 rescue unit called up after cutting the body of the vehicle and then moved to the hospital. However, at around 04:00 on July 19, 2017, the 119 rescue unit moved to the hospital.

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