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(영문) 서울중앙지방법원 2017.07.11 2016가단5273621

구상금

Text

1. Within the scope of the property inherited from the network E, to the Plaintiff:

(a) Defendant A shall be KRW 34,517,546 and this shall apply.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to the GV owned by the F (hereinafter “Plaintiff”), the owner of HF taxi (hereinafter “instant taxi”), and the Defendant taxi transport association is a mutual aid business entity who entered into a comprehensive taxi mutual aid agreement with the Defendant Yangyang Transportation.

B. On June 8, 2015, under the influence of alcohol level 0.243% on blood, the deceased E (hereinafter “the deceased”) was on the instant taxi operated by I, who is an employee of the Defendant Yangyang Transportation, while under the influence of alcohol level 0.243% on blood level on June 8, 2015, but did not pay a taxi rate on the road located in the Gimyeong-gun of Gyeonggi-do, the destination of which was destination, and did assault I, who was her driver, and was her drivered while driving the instant taxi, and then was her drivered, at around 23:00 on the same day, he she caused a traffic accident involving the Plaintiff’s vehicle, which was driven normally in accordance with the center line of the second line of the Hongcheon-gun-gun, Gyeonggi-do.

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

Due to the instant traffic accident, the Deceased was killed on the spot, and the F, J, and K, who were on board the Plaintiff’s vehicle, sustained two weeks to four weeks in total.

(hereinafter referred to as “the victims of the instant case”) d.

The Plaintiff paid insurance proceeds of KRW 103,552,640 in total, up to May 27, 2016, with medical expenses and agreed money of the victims of the instant insurance contract.

E. The deceased’s heir is Defendant A, Defendant B, C, and D, the spouse of the deceased.

F. Defendant A, B, C, and D reported the qualified acceptance of inheritance as the branch court of Suwon District Court No. 2015-Ma10405, and the said court accepted the said report on September 7, 2015.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 to 7, Eul evidence No. 1 and Eul No. 1.