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(영문) 서울중앙지방법원 2017.11.09 2016가단5122167
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. (1) The Plaintiff is an insurer who has concluded an automobile comprehensive insurance contract that includes both a couple’s special agreement with C and D (hereinafter “Plaintiff”) and a non-life insurance agreement with respect to the automobile.

(2) Defendant A is a person who was driving a vehicle E (hereinafter referred to as “Defendant vehicle”) and shocked C’s spouse F, and Defendant B is the owner of the Defendant vehicle.

B. (1) On July 31, 2015, Defendant A driven Defendant A’s vehicle with no license and went to turn to the left at the right edge of the Guropt while leaving the H building parking lot located in Guro-gu Seoul Metropolitan Government.

However, even if a crosswalk is installed on the front side, the front left side of the road, and the front side is found to be late from the left side of the moving direction to the right side of the road, and the front side of the F, which was turned back to the right side of the front side of the defendant vehicle, did not avoid being stopped.

(2) Due to the instant accident, F suffered injury, such as double-duplic on the right side, which requires approximately eight weeks of medical treatment.

C. (1) The Plaintiff paid to F the sum total of KRW 63,949,480,00,000, according to a non-life insurance agreement with F, pursuant to the insurance policy.

(2) After doing so, the Plaintiff received KRW 15,00,000 from the insurer of the Defendant vehicle, and KRW 26,660,960 from the Samsung Fire Marine Insurance Co., Ltd., the duplicate insurer of F’s non-life insurance.

Defendant A deposited KRW 7,00,000 on two occasions on November 26, 2015 and June 21, 2016 during the criminal trial proceeding due to the instant accident.

E. On August 8, 2016, Defendant A paid to the Plaintiff a total of KRW 6,00,000,000, in two times on the same month as the amount of indemnity on two occasions.

[Ground of recognition] Unsatisfy, A(1) through (3)

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