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(영문) 서울중앙지방법원 2017.10.26 2016가단5235391

구상금

Text

1. The Defendant’s KRW 24,365,790 for the Plaintiff and KRW 5% per annum from March 19, 2016 to October 26, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to AKaman car (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B Grand car (hereinafter “Defendant”).

B. On September 12, 201, at around 23:39, C, on the backwards of DOtoba (hereinafter “the instant Oba”) and C, on the f-lanes road located in Seoul Special Metropolitan City, Nowon-gu, a four-lane road was driven from Icheon Tri-distance bank. On September 12, 201, C driven the front side of the Plaintiff’s vehicle that was proceeding in the same direction after Obaba in the instant case, by blocking the front side of the Plaintiff’s vehicle that was proceeding in the same direction and passing three-lanes from one lane.

C. The above roads are the four-lane roads, and the two-lanes are installed separately on the right-hand side of the four-lane.

At the same time, G was parked the defendant's vehicle in the four-lanes of the above road without turning the tail lights or the sidelights.

C, as above, rapidly driven a four-lane, and rapid change of a four-lane, the Defendant’s vehicle parked in the four-lane is not considered as the U.S. vehicle, and the Defendant’s back part of the Defendant’s vehicle was received from the U.S. vehicle to fall off on the road.

The driver of the Plaintiff’s vehicle was proceeding along the three-lanes of the said road on the rear side of the instant Obaba, but the said circumstances led to the volume of 12 meters away from the road to the lower side of the vehicle by shocking E with the vehicle on the side of the Plaintiff, and driving at the lower side of the vehicle with a pipe E.

(hereinafter referred to as “instant accident”). Due to the instant accident, E suffered injury, such as a ductating the right side of the instant accident.

E. By May 22, 2013, the Plaintiff paid KRW 24,828,950 with the medical expenses and the agreed amount of KRW 24,828,950, and received KRW 10,000 from the insurer of the instant Otoba.