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(영문) 서울중앙지방법원 2018.10.19 2017가단5140025

구상금

Text

1. The Defendant’s KRW 35,447,442 as well as 5% per annum from May 16, 2017 to October 19, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with C on the automobile (hereinafter “the instant insurance contract”) with D Tball Vehicles (hereinafter “Plaintiff”). The Defendant is a mutual aid business entity who has entered into a mutual aid agreement on Eball buses (hereinafter “Defendant”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement on Eball buses.

B. On March 16, 2017, at around 01:00, C was faced with the backer part of the left part of the Defendant’s vehicle that was parked on two-lanes to the right side of the Plaintiff’s driving direction among the two-lanes, while driving the front road of the Plaintiff’s vehicle in the direction of the H Hospital intersection at the Getype University Intersection 0.181% of blood alcohol content, and due to the instant accident, C died, and C was injured.

C. The Plaintiff, as an insurer of the Plaintiff’s vehicle, paid KRW 232,628,080 for agreed money or treatment expenses from April 24, 2017 to May 15, 2017, and paid KRW 553,230 for medical expenses until April 28, 2017.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 7 evidence, Eul's 1 through 7 evidence (if there is a serial number, including each number; hereinafter the same shall apply), the purport of the whole pleadings, or the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred is driving in the state of exploitation.

Since the negligence of the driver of the Plaintiff’s vehicle who neglected the Jeonju City and the negligence of the driver of the Defendant’s vehicle who was illegally parked on the two-lanes of the night time, the Defendant, the mutual aid business operator of the Defendant’s vehicle, paid damages to the deceased’s bereaved families and C, thereby paying damages to the deceased’s bereaved families and C, the full amount of the medical expenses incurred by the Plaintiff, the insured, C, and the Defendant.