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(영문) 서울중앙지방법원 2018.12.13 2018가단5056363
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. As to B vehicle B (hereinafter “Plaintiff vehicle”), Defendant Samsung Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire Insurance Co., Ltd. (hereinafter “Defendant Samsung 1”), respectively, concluded a comprehensive automobile insurance contract with respect to automobile D (hereinafter “Defendant 3”) and the Korea Federation of Passenger Transport Business Association (hereinafter “Defendant 2”) concluded a mutual aid contract with respect to automobile E (hereinafter “Defendant 2”).

B. F, around 00:12 on July 9, 2017, when driving the Plaintiff’s vehicle, driving the two-lanes of the three-lane road in front of G G at the bottle, driving at a speed exceeding 116 km (70km) at a speed exceeding 116 km, and driving the two-lanes on the front side of the Plaintiff’s vehicle at a speed exceeding 186 km, due to negligence that did not well see the front side of the Plaintiff’s vehicle, resulting in an accident in which the Plaintiff was faced with the front side of the Plaintiff’s vehicle and the victim was faced with the front side of the Plaintiff’s vehicle, and the victim was 170 meters away from the third road floor, and “the first accident” (hereinafter referred to as “the first accident”).

Accordingly, the victim caused the death of the victim due to the damage of head and head of the same day.

C. By September 25, 2017, the Plaintiff paid insurance proceeds of KRW 430,730,410 in total with medical expenses and the agreed amount to the bereaved family members, etc. of the victim.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 5-1 through 3, Gap evidence 6, Eul evidence 1-1, and the purport of whole pleadings

2. Determination on the cause of the claim

A. Following the Plaintiff’s first accident, each driver of the Defendants’ vehicle immediately after the Plaintiff’s assertion was caused by negligence by neglecting the speed of the surface immediately after the Plaintiff’s temperature while leaving the road in the order of Defendant 1, Defendant 2, and Defendant 3’s vehicle in the order of Defendant 1, Defendant 2, and Defendant 3’s vehicle, and “the second, third, and fourth,” in the order of order.

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