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(영문) 대전지방법원 2018.08.17 2017가단226800
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is an insurer who has concluded a comprehensive personal automobile insurance contract with C and D (hereinafter referred to as the "Plaintiff's vehicle"), and the defendant is the user of E and the owner of FObane (hereinafter referred to as the "Obane in this case").

B. On March 1, 2017, G: (a) around 23:10, G driven the Plaintiff’s vehicle; (b) obstructed the central line on the second line among the second line of the two lanes located in the H located in Seosan-si; and (c) obstructed the front right part of the E Driving, who was straighted with the first line in the opposite direction; and (d) thereby suffered injury, such as an acute acutely high-speed one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one.

(hereinafter referred to as the "accident of this case")

At the same time, E was a small-scale “I” employee in the Defendant’s operation, and E was a small-scale “I” employee, and the section with a limited speed of 30 km runs at a speed of 61 to 70 km per hour without wearing a safety cap.

Until November 22, 2017, the Plaintiff paid KRW 67,928,710 with medical treatment costs and medical advisory fees incurred from the instant accident and KRW 135,500,000 with the agreed amount, and KRW 202,928,710 with the agreed amount.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 13, purport of whole pleadings.

2. As to the plaintiff's cause of claim

A. Although the Defendant, as an employer of E, has provided a safe working environment, provided necessary safety equipment, and provided safety education on a regular basis to ensure the safe performance of delivery service, as an employer of E, the Defendant neglected this to provide delivery service without safe appearance, and caused serious brain damage by the instant accident.

The accident in this case occurred due to the negligence of the driver of the plaintiff vehicle, the negligence due to the failure of the driver's central intrusion, the defendant's failure to provide safety tools, etc., and the plaintiff paid insurance money to the defendant by paying insurance money.

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