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(영문) 서울중앙지방법원 2017.10.24 2016가단5192159

구상금

Text

1. The Defendant’s KRW 17,303,838 as well as the Plaintiff’s KRW 5% per annum from July 29, 2016 to October 24, 2017.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with A with respect to the BPD car (hereinafter “Plaintiff”).

(2) The Defendant is an insurer who entered into an automobile comprehensive insurance contract with C with respect to D low-priced passenger vehicles (hereinafter “Defendant vehicle”).

B. (1) On March 7, 2014, A driving the Plaintiff’s vehicle on March 7, 2014, and driving a four-lane road of 12.1km in Incheon Gyeyang-gu at a point of 12.1km in the Incheon Effica-dong toward the side of the Incheon Effica-dong, and driving the four-lane along the three-lanes on the side of the Western human body, and driving the two-lane at a speed of about 100km in speed.

At the same time, the victim E was placed on a two-lane vehicle for the victim E (the criminal and civil judgment of each related case is a arbitra vehicle, but the vehicle is a arbitra vehicle in the report of traffic accident, the autopsy report and the appraisal report, etc.; hereinafter referred to as the "victim vehicle").

A had a duty of care to drive safely, such as avoiding the victim and the damaged vehicle safely and giving attention to the victim by sounding the light, but due to the negligence of neglecting the duty of care, found the damaged vehicle due to the negligence of operating the vehicle by changing the lane, and then operated the vehicle to the left-hand side, but did not avoid the victim who was left behind the damaged vehicle, and did not go beyond the ground by taking the body, body, head, etc. of the victim into the front-hand part of the Plaintiff vehicle.

(2) After the occurrence of the preceding accident, C driven the Defendant’s vehicle at the location where the preceding accident occurred, and proceeded along the two-lanes of the road at the location where the preceding accident occurred, and the victim was used on the road.

(3) The injured party shall obtain brain-dead and cerebral dyssis on the job.