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(영문) 서울중앙지방법원 2015.10.30 2015가단5129307
구상금
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a comprehensive insurance contract for automobile dealers (security against risks during consignment) with the nationwide consignment company as the insured, and the said insurance contract is deemed to be an “Plaintiff” (hereinafter referred to as the “Plaintiff”) by the United Nations Cystal Car Co., Ltd.

(2) As to the consignment, the aforementioned special terms and conditions include a security for the risks during the consignment. (2) Additional terms and conditions of the consignment are subject to the application of the special terms and conditions of the substitute driver in calculating the coverage and the insurance money to be paid. According to the special terms and conditions of the substitute driver, in the case of personal injury compensation, the automobile liability insurance (personal injury 1) under the Guarantee of Automobile Accident Compensation Act shall be deducted and the liability shall be limited to the excess amount.

3) The defendant is the B Lastren vehicle (hereinafter referred to as "the defendant vehicle").

A) On December 8, 2010, at around 21:45, the Plaintiff entered into an automobile comprehensive insurance contract with respect to the vehicle. B. (1) On December 21:45, 2010, the Defendant’s vehicle driving by C, along the two-lanes of the decline in the drawing of the Incheon Southern-gu Incheon Medical Center, was driving from the front side of the Incheon Medical Center to the front side of the new teachers’ distance, and then the road is left down on the front side of the road, and again, as the course has been changed to one-lanes, there was an accident that shocks the upper right side of the D driver’s e-confured vehicle driving in the same direction into the front side of the Defendant’s left side of the vehicle (hereinafter “onboard vehicle”).

2) On December 8, 2010 immediately after the occurrence of the preceding accident, the Plaintiff’s vehicle driven by F around December 21:50, 2010, driven by F along the two-lanes at the point where the preceding accident occurred, proceeding along the two-lanes, and, just as in turn, ice ice shielded on the side side of the road that was lowered from the vehicle to handle the preceding accident, and thereby, D died under high level (hereinafter “the instant accident”).

C. Payment of insurance money to the Plaintiff.

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