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(영문) 서울중앙지방법원 2015.04.30 2012가단97794

구상금

Text

1. The Defendant: (a) KRW 198,115,172 to the Plaintiff; and (b) 5% per annum from December 27, 2012 to March 7, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. In entering into an automobile comprehensive insurance contract with respect to B and C, the Plaintiff entered into an “special agreement on accident security for non-insurance vehicles” with the content that the children of the registered insured and the registered insured will compensate for the damage incurred when they die or die due to an accident caused by the non-insurance vehicle.

B. The Defendant driving a D D D D Large Roster 124cc c. (hereinafter “Defendant vehicle”) and driving a five-lane road in front of the F-lane E in Daejeon Taedong-gu at a speed of 30 km from the 4rd to the 30 km in speed from the 5rd to the 4nd west. The Defendant changed the said five-lane to the 1rd one-lane from the said 5rd to the end end end end end end end end end end end end end end end end end end end end end end end end end end end end

As a result, G suffered injury, such as laverization of lavers from lavers.

(hereinafter referred to as “instant accident”). C.

The defendant vehicle was only liable for damage insurance to the Green Insurance Co., Ltd.

[Ground of recognition] Facts without dispute, Gap 1-10, 12, 15, 16, 20 evidence, Eul 1, 3-7 evidence (including above numbers, hereinafter the same), the purport of the whole pleadings.

2. Determination

A. According to the fact that the defendant's liability for damages against G is recognized, the defendant as the owner and driver of a sea-going vehicle is liable for damages caused by the accident in this case to G.

On the other hand, in light of the circumstances surrounding the instant accident, G is deemed to have a duty of care to take measures to prevent a collision with the Defendant’s vehicle entering the lane from five lanes to one lane as well as to keep the former from changing the lane, and thus, the G’s fault ratio in relation to the instant accident shall be 20%.

B. The Plaintiff’s insurance money and the Plaintiff’s acquisition of the right to indemnity are insurance money as follows, by December 26, 2012, in accordance with the foregoing non-insurance motor vehicle injury security agreement.