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(영문) 서울남부지방법원 2015.10.29 2014가단218867

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 9,048,20 and 5% per annum from May 30, 2014 to October 29, 2015.

Reasons

1. Basic facts

A. The Plaintiff is an insurer of an automobile insurance contract for A Costa Company Vehicles (hereinafter “Plaintiff”).

B. Defendant South Korea Transportation Co., Ltd. is the owner and operator of B5 tons of cargo vehicles (hereinafter “Defendant vehicle”), and the Defendant Korea Trucking Transport Association is the insurer who entered into an automobile mutual aid agreement with the said Defendant with regard to the said Defendant vehicle.

C. Around 06:40 on April 6, 2014, the network C (hereinafter referred to as “the network”) was walking along the Ecar Center front of the Ecar Center in Seosan-si, Seosan-si to the schilling side of the schill. Around 06:40, the network C (hereinafter referred to as “the network”) was killed by facing the front part of the Plaintiff’s vehicle driven in the two-lane direction on the right side of the Defendant’s vehicle that was parked on the right side.

(hereinafter referred to as the "accident of this case"; outlined circumstances are as shown in the attached Form No. 1. D.

By May 29, 2014, the Plaintiff paid total of KRW 90,482,00 to the deceased’s inheritors with respect to the instant accident.

[Reasons for Recognition] Evidence A (including paper numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Defendant’s vehicle, which caused the Plaintiff’s claim, was illegally parked at the time of the instant accident. Since such illegal parking was caused by the instant accident, the Defendants, the insurer of the Defendant’s vehicle, bears 30% of the liability for damages caused by the instant accident.

Therefore, the Defendants are jointly and severally liable to pay the amount of indemnity equivalent to 30% of the insurance money to the Plaintiff who jointly discharged the Defendants’ liability with the payment of insurance money.

B. The following facts may be acknowledged according to the purport of Gap's 3 to 5, 12, 13, Eul's 1 to 8 (including various numbers) and the entire arguments.

(A) At the time of the accident, the Defendant’s vehicle has a width of 3.0 meters, which is installed to ensure that the bypassed vehicles enter the straight lane.