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(영문) 서울중앙지방법원 2017.09.21 2016가단5087318

구상금

Text

1. The Defendant’s KRW 17,013,136 as well as the Plaintiff’s annual rate of KRW 5% from September 5, 2015 to September 21, 2017.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of each entry in Gap evidence 1 to 15 (including paper numbers) and all the arguments.

The Plaintiff is an insurance company that entered into a comprehensive motor vehicle insurance contract with A and B, setting the insurance period from August 14, 2014 to August 14, 2015, with respect to the Plaintiff’s insured motor vehicle (hereinafter “Plaintiff’s insured motor vehicle”). The Defendant is a mutual aid association that entered into a motor vehicle mutual aid agreement with the Defendant for C9.5 tons of cargo vehicles (hereinafter “Defendant’s insured motor vehicle”).

B. Around 09:50 on February 11, 2015, D driven an Epex motor vehicle (hereinafter “victim”) and stopped a bus standing in the front line due to the front line’s accident while driving in the direction of Incheon International Airport Highway from the direction of Incheon Airport to the direction of Seoul. Since the Plaintiff’s insured motor vehicle following the said damaged motor vehicle was slightly shocked to the rear part of the said damaged motor vehicle, the insured motor vehicle driven at a speed of 60-70 km at a speed of 10 km per hour, while driving the Defendant’s insured motor vehicle driving at a speed of 60-70 meters per hour, the Plaintiff’s insured motor vehicle and the damaged motor vehicle were strongly shocked.

(hereinafter referred to as the “instant accident”). Before and after the instant accident, there was an accident involving the collision of 100 vehicles in the above Young-gu, the said accident occurred.

C. D (G life) was injured by the instant accident, i.e., the pressure frame for closed vertebrolleys, pressure frame for closed vertebrotes (L2 parts), chest T3, and T4 parts, pressure pressure frame for closed clocks, damage of light clocks in light of light clocks, and clocks of clocks, the details of which are unknown in detail.

Until September 4, 2015, the Plaintiff paid KRW 10,966,420 for medical expenses, KRW 10,300,00 for agreed money, and KRW 21,266,420 for personal compensation insurance for compensating for losses arising from the instant accident to D. The damages suffered by D in the instant case are at least KRW 21,266,420 for the said damages.

2. The defendant's merits.