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(영문) 서울중앙지방법원 2016.02.17 2015가단5021281

구상금

Text

1. The Defendant: (a) KRW 90,200,000 for the Plaintiff and KRW 5% per annum from December 16, 2014 to February 17, 2016.

Reasons

1. Basic facts

A. On September 21, 2014, the driver of the Defendant’s insured vehicle (AK7 passenger car; hereinafter “Defendant’s vehicle”) driven the Defendant’s vehicle while under the influence of alcohol of 0.089% of blood alcohol content on September 21, 2014, while driving the Defendant vehicle in the influence of alcohol of 0.089%, and driving the three-lane distance in front of the Marine Industries in the front line of the Jeonnam-nam Cancer-U.S. C. C. C. C., Samho-ri Central Marine Industries on the port side of the axis.

B. The three-lane signal to the running direction of the Defendant vehicle was on-and-off flashing light, and the three-lane of the above three-way road was driven only by the left-hand turn on the four-lane road running from the right side to the right side of the west.

C. While the Defendant’s vehicle is proceeding in parallel with the above three-distance stop line, the Defendant’s vehicle shocked on the left side of the Plaintiff’s insured vehicle (B low-speed car; hereinafter “Plaintiff’s vehicle”) driven along the two-lanes on the right side of the Defendant vehicle on the side of the west.

(hereinafter “instant accident”). D.

Due to the accident in this case, the driver and the passenger of the Plaintiff died at the accident site.

E. On October 24, 2014, the Plaintiff paid KRW 238,000,000 in total, as personal damages to the bereaved family members of the passenger of the Plaintiff’s vehicle, including KRW 8,000,000,000, in personal damages, as physical damages on December 15, 2014.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, Eul 1, 2 and 3 evidence (including paper numbers) or video, the purport of the whole pleadings

2. The assertion and judgment

(a) The Defendant’s vehicle that has the obligation to pay indemnity shall start with due care for traffic or safety after the signal signals in front of the three-distance direction stop on a stop line, and shall yield the course to the Plaintiff’s vehicle, which is going to turn to the left at the intersection where traffic is not controlled, from the road where the width of the Defendant’s vehicle is wider than that of the road.