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(영문) 서울중앙지방법원 2018.11.16 2018가단5003574
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with A with respect to a motor vehicle B A (hereinafter “Plaintiff”) and the Defendant is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to a motor vehicle of A-to-purd (hereinafter “Defendant vehicle”).

B. At around 14:50 on July 16, 2016, D, while driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle into the area of a loan from the Heung-si E-gu in Ansan-do, it was caused by an accident that the Defendant’s vehicle of the H driving, who continued to drive the Plaintiff’s vehicle in front of the Plaintiff’s vehicle and followed the said vehicle in front of the Plaintiff’s vehicle in front of the Plaintiff’s vehicle while driving the Plaintiff’s vehicle in front of the Plaintiff’s vehicle and driving the Defendant vehicle in front of the Plaintiff’s vehicle in front of the Plaintiff’s vehicle, and caused the injury of the H and the J, who is the driver of the Defendant vehicle, and the driver of the Defendant’s vehicle (hereinafter “instant accident”).

C. The Plaintiff paid KRW 103,219,380 in total insurance money to F, a driver of the said low-est passenger car, and I, a partner of the said high-est passenger car, as compensation for damages caused by the said accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the plaintiff's vehicle caused the collision between the defendant's vehicle and the defendant's vehicle's vehicle's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver

B. We examine the reasoning of the lower judgment, and the purport of the lower judgment in its entirety.

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