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(영문) 서울중앙지방법원 2018.06.27 2017가단5225926
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. The relationship between the parties is an insurer who has concluded an automobile insurance contract with Nonparty B (hereinafter “Plaintiff”) with respect to the Plaintiff, and the Defendant A is the driver of the Defendant D vehicle (hereinafter “Defendant vehicle”), and the Defendant Lot Accident Insurance Co., Ltd. (hereinafter “Defendant Company”) is the insurer who has concluded an automobile insurance contract with respect to the Defendant vehicle.

B. (1) B) On October 6, 2016, when driving the Plaintiff’s vehicle, the two-lane roads adjacent to the SimIC (hereinafter “the instant road”) around 10:16, in the vicinity of the Simsung-gun, Gosung-gun, Jin-gun, Jin-gun (hereinafter “instant road”).

(ii) the victim net E (hereinafter referred to as “victim”) who proceeds from a one-lane of the road to a private-city area from the bank of the territorial sea and moves to the left-hand side from the right-hand side of the vehicle's moving direction.

)을 발견하지 못하고 원고 차량의 우측 앞 범퍼 부분으로 피해자를 충격하였다. 피해자는 위 충격으로 중앙분리대 상단에 부딪힌 후 반대편 차로 방향으로 튕겨져 나가 반대편 차로 2차로에 쓰러졌는데, 반대편 차로 2차로를 주행하던 F 차량이 쓰러진 피해자를 그대로 역과하여 피해자가 사망하였다(이 사고를 이하 ‘이 사건 사고’라 한다

(2) The victim was accompanied by the Defendant’s vehicle, which was driven by the Defendant A, who provided meals with the Defendant A and drinks alcohol. However, immediately before the instant accident occurred, the Defendant’s vehicle stopped on the two-lanes near the instant accident site, and was involved in the instant accident while crossinging the instant road.

(Defendant A was carrying the Defendant’s vehicle on the side immediately after the victim gets off the vehicle. (C)

On January 25, 2017, the Plaintiff paid KRW 94,320,000 insurance money to the bereaved family members of the victim.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, Eul evidence 1-1 to 4, and the purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff's assertion 1.

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