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(영문) 수원지방법원안산지원 2017.09.19 2015가단114029
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The following facts may be admitted if there is no dispute between the parties, or if the entries and images set forth in Gap evidence 1 to 7 are added to the whole purport of the pleadings:

The Plaintiff, an insurance company, concluded a motor vehicle insurance contract with B and C NewSM31.6 (hereinafter “instant motor vehicle”), setting the insurance period from March 12, 2014 to March 12, 2015, with respect to the insured workers B and their respective CW31.6 (hereinafter “instant motor vehicle”).

B. D (1967) around 22:40 on June 1, 2014, driving the instant motor vehicle, and driving the F kindergarten distance in E at the time of show, with the view to removing the death from the Sil Tourism Hotel’s room.

At the time, the Defendant, while driving a bicycle, cross the bicycle along the crosswalk with the city tourist hotel room from the above date, time, and place to the front side of the road at the time and place, had a collision with the instant motor vehicle driven by D while driving in the middle part for the city interest and fire fighting room, was driven again, and was driven by the instant motor vehicle.

(hereinafter referred to as “instant accident.” The detailed details of the accident are also referred to as the attached Form No. 3.

D At the time of the instant accident, D was driven while viewing DMB installed in the instant vehicle, and the vehicle signal, etc. used in the direction of D was a green signal.

The defendant was driving a bicycle without wearing a safety cap without using the headlight, despite the fact that the signal for the vehicle in the direction of the way was red, was crossed the road without permission, and was at night. D.

Article 11 and Article 11 of the Guarantee of Automobile Accident Compensation Act (Advance Payment to a Victims) (1) Where a policyholder, etc. has caused the death or injury of another person due to the operation of a motor vehicle, the victim shall pay the insurer, etc. for motor vehicle insurance medical fees, as prescribed by Presidential Decree.

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