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(영문) 서울중앙지방법원 2019.11.07 2018가단5089189

구상금

Text

1. The Defendant’s KRW 65,009,474 as well as the Plaintiff’s KRW 5% per annum from July 22, 2015 to November 7, 2019, and the following.

Reasons

1. In fact, the Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to C-small Cargo Vehicles (hereinafter “Plaintiff”).

② On December 20, 2014, at around 00:45, Nonparty D, the insured of the Plaintiff, driven the Plaintiff’s vehicle while under the influence of alcohol content of 0.094%, and operated the Plaintiff’s vehicle on the road near the F in the e Highway in the ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic

③ On April 8, 2015, the instant accident was charged with violation of the Suwon District Court Act on Special Cases Concerning the Settlement of Traffic Accidents, and violation of the Road Traffic Act (driving) and was sentenced to two years of suspended sentence for October 2015. The instant judgment became final and conclusive as it is.

④ At the time, the instant road was obstructed in the direction of driving the Plaintiff’s vehicle and was down, and was down by the ice.

In addition, the instant road is located at a height of about 5 meters from the downflow of the Plaintiff’s vehicle, and the slope of the slope is very high. At the time of the accident, there was no facility, such as a protective fence, street lamps, and risk display board, which could prevent the fall of the instant road on the instant road. On February 2016, Nonparty J Co., Ltd, which entered into a construction contract with Nonparty I Co., Ltd., with the instant road, installed a protective fence on the road up to 625 meters including the location of the instant road.

⑤ The Defendant has occupied and managed the E Highway and the instant accident road since October 29, 2009 in accordance with the entrustment contract for L business management and operation concluded with the non-party K Co., Ltd.

④ The Plaintiff paid KRW 325 million with the death insurance proceeds of the above H, and recovered KRW 2 million with its own shares, and the injury insurance proceeds of the said D are 2.0 million.