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(영문) 대전지방법원 2016.08.10 2015가단22219

구상금

Text

1. The Plaintiff:

(a) Defendant A’s KRW 40,000,00 and for this, KRW 5% per annum from February 11, 2015 to December 13, 2015;

Reasons

1. Claim against the defendant A;

(a)the description of the reasons for the claim is as shown in Appendix 1;

(b) Judgment without holding any pleadings on the ground of recognition (Article 208 (3) 1 of the Civil Procedure Act);

C. Accordingly, Defendant A is obligated to pay to the Plaintiff 40 million won with 5% interest per annum as prescribed by the Civil Act from February 11, 2015 to December 13, 2015, the delivery date of a copy of the instant complaint from February 11, 2015, to December 13, 2015, and 15% interest per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. Claim against the defendant B

A. The facts of recognition (1) around 08:55 on January 5, 2015, C driven a freight vehicle of D class 1 ton (hereinafter “HA”) and driven a road near the gold-line road located in the gold-line area in the Gumsan city in the Gumsan city, C received the back portion of the EA car waiting for signal (hereinafter “Plaintiff”) from the front portion of the 1st Sea, and shocked the back portion of the Plaintiff’s vehicle waiting for signal, which was driven by the vehicle in front, while the vehicle was pushed up in front of that vehicle.

(2) After the first accident, the Plaintiff received the rear part of the first sea vehicle (hereinafter “2nd sea vehicle”) from the F2.4 tons of the 1st sea vehicle following the first sea vehicle (hereinafter “2nd sea vehicle”), and caused the 1st sea vehicle to shock the rear part of the Plaintiff’s left side as the 1st sea vehicle was pushed down, and thereafter, caused the Plaintiff’s vehicle to be pushed down again in the future (hereinafter “2nd accident”). (3) The Plaintiff concluded the automobile insurance contract with respect to the Plaintiff’s vehicle, the owner of the 1st sea vehicle, and the Defendant B was the driver of the 2nd sea vehicle, and the Plaintiff paid the insurance money of KRW 40 million by February 10, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3, 4, and 6, Eul evidence 2, and the purport of the whole pleadings

B. The plaintiff.