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(영문) 서울중앙지방법원 2017.03.10 2016가단5067406

구상금

Text

1. As to the Plaintiff KRW 58,257,00 and KRW 55,576,392 among them, the Defendant paid to the Plaintiff KRW 2,680,612 from January 7, 2016.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A (hereinafter “Plaintiff”)

The defendant is a mutual aid business operator who has entered into a mutual aid agreement for chartered bus vehicles.

B. At around 12:42 on October 9, 2015, the Plaintiff’s vehicle was passing through the intersection as a straight line at the north-gu Office C at the port, and there was an accident in which the front side of the Defendant’s vehicle entering the said intersection and the part of the Plaintiff’s seat was shocked by the front side of the Defendant’s vehicle entering the said intersection from the left side of the Roman course and the part of the Plaintiff’s vehicle driving seat.

(See attached Form No. 3, hereinafter referred to as “instant accident”).

In the instant accident, the Plaintiff’s driver E, F, G on the back seat, and H died, respectively, and I on the back seat suffered serious injury. D.

On December 10, 2015 and January 7, 2016, the Plaintiff paid KRW 239,072,120 insurance proceeds (239,00,000 medical expenses) for damages and medical expenses (2,120 won for agreed money), and KRW 65,429,290 for G death on December 17, 2015 and January 7, 2016 for damages and medical expenses ( KRW 64,238,980 for agreed money, KRW 1,90 for medical expenses, KRW 250,000,000 for the death of H on January 7, 2016, the Plaintiff paid KRW 20,000 for damages and KRW 65,429,00 for the insurance proceeds and KRW 190,000 for the damages and KRW 160,000 for the damages and KRW 90,000 for the damages and KRW 97,294,2096,7964,296,96,206,2000.

E. Meanwhile, the Defendant paid to the Plaintiff KRW 23.9 million for F’s death, KRW 6,423,890 for G’s death, KRW 25 million for H’s death, and KRW 2,304,980 for I’s serious injury.

[Ground of recognition] Facts without dispute, Gap's entries, Gap's 1, 2, 3 through 6, 8, 9, Eul's 1 to 7 and the purport of the whole pleadings

2. The driver of the Plaintiff’s vehicle who is a summary of the Plaintiff’s assertion shall observe 40 km per hour of limitation and follow the signals, such as yellow flashing signal.