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(영문) 서울중앙지방법원 2017.05.16 2016가단5095944
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. Facts of recognition;

A. Relevant Defendants A and B are co-owners of vehicles C (hereinafter referred to as “Defendant vehicle”) for convenience

Defendant East Fire & Marine Insurance Co., Ltd. (hereinafter “Defendant insurance company”) is an insurer who has concluded a comprehensive automobile insurance contract with respect to the Defendant vehicle.

D is a taxi driver belonging to the Choman Industry Co., Ltd.

B. At around 00:26 on May 10, 2013, Defendant A driven the Defendant’s vehicle while under the influence of 0.142% of blood alcohol concentration, and made a left turn to the right right from the right edge of the Gyeongnam-gu Apartment at the front of the F Real Estate in front of the F Real Estate in E at the time of Siging, the Defendant A shocked the part of the driver’s seat and fenced part of the D Driving’s seat in front of the driver’s seat in front of the head of the Defendant’s vehicle in front of the f real estate in front of the f.142%.

(hereinafter “instant primary accident”). C.

After the occurrence of the second accident, Defendant A escaped without any measure at the site after the occurrence of the second accident.

D driving the above taxi and tracking the defendant vehicle, and around 00:30 on May 10, 2013, it was an accident that caused the brooms to brooms and shock the street of the opposite brooms.

(hereinafter “instant secondary accident”). D.

After the accident of D's injury and the Plaintiff's insurance payment, D was diagnosed as light flag, right flag ground flag, right flag, ground flag, etc.

From May 10, 2013 to April 6, 2016, the Plaintiff paid D totaling KRW 82,880,000 for industrial accident compensation insurance benefits (=medical care benefit + KRW 52,66,940 + 14,617,710 + disability benefit + KRW 14,925,730).

[Reasons for Recognition] Unsatisfy, Gap 1-6 evidence, Eul 1-5 evidence (including the whole number), the purport of the whole pleadings

2. The Plaintiff’s assertion as to the cause of the claim has paid industrial accident compensation insurance benefits to D, the victim, within the limit of the amount of such benefits.

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