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(영문) 춘천지방법원 원주지원 2018.08.30 2018가단301229

구상금

Text

1. The Defendant’s KRW 90,214,420 as well as 5% per annum from January 17, 2018 to February 14, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer entrusted with the government-guaranteed business, such as compensating the victim of a traffic accident by a motor vehicle or an accident-free motor vehicle, the owner of which is not known upon entrustment of the government with the authority to guarantee motor vehicle accident compensation pursuant to Articles 45(1) and 30(1) of the Guarantee of Automobile Accident Compensation Act within the insurance amount of liability insurance, and vicarious exercise of the victim’s right to claim damages within

B. On November 23, 2017, around 18:43, the Defendant: (a) driven a low-level car into the cross-country bus terminal in the area of the cross-country bus terminal in front of the Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Gangwon-gu, Seoul; (b) caused Nonparty B to the left-hand side from the right-hand side of the vehicle to the front-hand side of the vehicle; and (c) B (hereinafter referred to as “the network”) died due to a multi-growth donation, etc. due to the said shock around November 25, 2017.

C. At the time of the above traffic accident (hereinafter “the instant accident”), the Defendant was in a state of not purchasing any insurance policy on the said franchise. As such, the deceased’s bereaved family members claimed for compensation for damage pursuant to Article 30 of the Automobile Accident Compensation Guarantee Act, and the Plaintiff paid KRW 90,214,420 to the deceased and their bereaved family members (hereinafter “victim”). From that time, the Plaintiff paid KRW 90,214,420 to the deceased and their bereaved family members (hereinafter “victim”).

[Reasons for Recognition] Unsatisfy, Entry of Evidence A1 to 5, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion that the defendant violated the obligation under the Road Traffic Act to protect the pedestrian, such as temporary suspension of the operation of the pedestrian, even though a pedestrian, who is a pedestrian, was on the way of driving the vehicle as it is, and caused the death by shocking the deceased. The plaintiff's driving of non-insurance vehicles is on the part of the victim pursuant to the Guarantee of Automobile Accident Compensation Act. 90.