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(영문) 서울중앙지방법원 2017.01.11 2016가단5007848

구상금

Text

1. The Defendant: (a) KRW 29,050,000 for the Plaintiff and 5% per annum from October 16, 2015 to January 11, 2017; and (b) the Plaintiff.

Reasons

1. Presumed factual basis

A. The party-related Plaintiff is an insurer who has concluded an automobile liability insurance contract that covers B and the personal compensation of 1/200 with respect to A, Lesto and vehicles (hereinafter “Plaintiffs”); and the Defendant is an insurer who has concluded a comprehensive automobile liability insurance contract with respect to C, Car (hereinafter “Defendant”), respectively.

B. At around 21:22 on May 15, 2015, Non-party D driven a motor vehicle for the E (hereinafter “victim”) and proceeded along one-lane between the two-lanes of the road running on the side of the road of the Sinsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, the U.S. Seognam-gun, the 177.5km of the road driving on the road of the U.S. in Daejeon at Daejeon, Non-party D stopped the front side of the road due to a single accident and stopped the direction from 7:0 on the one-lane of the road by driving the vehicle for the first time and driving the motor vehicle for the first time while driving the motor vehicle for the first time, and did not take a direction of safety measures on the front side of the motor vehicle while driving the motor vehicle for the first time and stopping the motor vehicle for the second time (hereinafter “the front side of the motor vehicle”) and did not take a warning direction on the two-lane road.

3) The Plaintiff’s vehicle driven by B was around 33 seconds after the occurrence of the first accident, and around the time of the second accident, the victim died on the ground of the victim G’s left side bridge opened a front door of the damaged vehicle and set up two lanes on the wind that the Plaintiff’s front frame of the Plaintiff’s vehicle was received (hereinafter “the second accident”).

On October 5, 2015, the Plaintiff paid KRW 83,000,000 to the injured party’s heir according to an insurance contract. The said insurance amount is calculated by taking account of the injured party’s negligence into account approximately 40%.