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(영문) 서울중앙지방법원 2016.08.18 2014가단229076

구상금

Text

1. The Defendant’s KRW 40,500,000 as well as the Plaintiff’s annual rate of 5% from August 1, 2014 to August 18, 2016, and the following.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the A halog Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into the respective automobile insurance contract with respect to the B Ralog Vehicle (hereinafter “Defendant”).

B. Around 02:10 on July 22, 2014, the instant accident occurred, driving the Defendant’s vehicle, driving the first line on the roads of the second line of the E veterinary hospital located in the Cheongju-si, the petition-gu, and driving the second line, and driving the said vehicle. The F, following the Defendant’s vehicle, driving the Plaintiff’s vehicle, was speeded to drive the second line at a speed exceeding 30 km per hour, while driving the vehicle at a speed exceeding 30 km per hour, and the latter part of the Defendant’s vehicle was turned back to the left part of the Plaintiff’s vehicle.

이 충격으로 피고차량이 반대 차선 �항으로 회전하면서 피고차량의 조수석 뒷자리에 탑승해 있던 G이 뒤 창문을 통해 차량 밖으로 방출되어 도로에 떨어지면서 두개골 골절 및 뇌출혈의 상해를 입고 사망하였다

(hereinafter referred to as “instant accident”). C.

On July 31, 2014, the Plaintiff paid KRW 270,000,00 to the heir of the deceased G as damages for the instant accident.

[Basis] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4-1, 3, 4, 16-36, Eul evidence 1, and the purport of the whole pleadings

2. Assertion and determination

A. At the time of the instant accident, C driving the Defendant’s vehicle at the time of the instant accident’s assertion by the parties: (a) operated the Defendant vehicle without any signal on the rear-down vehicle to drive an illegal internship on the road in which U.S. is prohibited; and (b) accordingly, the Plaintiff’s vehicle following the Defendant’s vehicle was driven by the vehicle without any signal.

Therefore, C is the joint tortfeasor of the instant accident, and is responsible for compensating for the damages caused by the instant accident with the driver of the Plaintiff, and the Plaintiff first compensates for the damages to the heir of the victim.