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(영문) 서울중앙지방법원 2016.08.19 2015가단173743

구상금

Text

1. The Defendant’s KRW 9,488,904 with respect to the Plaintiff and KRW 5% per annum from January 20, 2016 to August 19, 2016.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with At XG vehicles (hereinafter “Plaintiffs”), and the Defendant is a mutual aid operator who has concluded a mutual aid contract with B bus (hereinafter “Defendant bus”).

B. The owner of the Plaintiff vehicle is C, D, and the Defendant bus is a route bus operated within Ansan City.

C. On November 7, 2014, around 16:25, the Plaintiff’s vehicle stopped at a two-lane of the 40-lane 40-lane, the front corner of the Defendant bus and the left corner portion of the Plaintiff’s vehicle back to the left corner of the front corner of the Defendant bus, while the Defendant bus driven at a 40-lane 40-lane, the front corner of the front corner of the instant bus and the left corner portion of the Plaintiff vehicle, in the front of the Defendant bus.

(hereinafter “instant accident”). D.

Due to the instant accident, nine passengers of the Defendant bus were injured, but the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid the total sum of KRW 63,259,350 as follows.

① E: 42,710,00 won (i.e., 30,710,000 won): 1,392,710 won (i.e., 1,00,000 won) (i., 392,710 won for 1,00,000 won for 392,710): G: 621,190 won (i.e., 362,00 won for 362,000 won for 259,190 won for 1,931,900,000 won for 1,264,690,000 won for 30,000 won for 80,000 won for 1,260,690 won for 300,000 won for 305,000 won for 31,690 won for 314,690 won for 305,2005 won for 7,205

2. Determination on the cause of the claim

A. According to the evidence that the Defendant’s bus passengers suffered from the liability for insurance money (liability for damages), the driver of the Plaintiff’s vehicle will cross-road and crosswalk.