beta
(영문) 서울중앙지방법원 2015.04.09 2014가단155731

구상금

Text

1. The Defendant’s KRW 98,664,394 as well as the Plaintiff’s annual rate of 5% from July 10, 2014 to April 9, 2015.

Reasons

1. Facts constituting the premise for determination

A. The Plaintiff is an insurer who concluded an automobile insurance contract for business with A regarding Bmer truck truck truck truck transport vehicles (hereinafter referred to as “Plaintiff’s vehicle”). The Defendant is a mutual aid provider who entered into an automobile mutual aid contract with the new century logistics company and C treatment 14 tons of a stable truck.

(hereinafter referred to as “Defendant’s vehicle”). B.

1) On January 21, 2013, D: Around 12:50 on January 21, 2013, when driving a vehicle on the Defendant’s side and driving a three-lane road at a point 170.6km away from the 4-lane road in the Gu, Si, Si, Si, Gu, in the same direction, D changed the lane as it is without properly examining the situation of the four-lane, and thereby changing the lane into the four-lane, D’s FD car (hereinafter referred to as “fD vehicle”).

) The left-hand side portion was shocked by one’s own vehicle (hereinafter “instant primary accident”).

). 위 사고로 인해 프라이드 차량은 4차로와 노견(路肩)에 비스듬이 걸쳐 정차하게 되었고, D는 그로부터 약간을 더 진행하여 노견에 차량을 정차시켰다. 2) 이 사건 1차 사고 후 약 5분쯤 후 망 G은 원고측 차량을 운전하여 같은 지점 4차로를 진행하다가 미처 사고 수습이 이루어지지 아니하여 위와 같이 4차로와 노견에 걸쳐 정차한 상태로 있던 프라이드 차량을 충격하였고, 이어 위 사고 수습을 위해 현장에 도착해 있던 H 운전의 I 수성대형언더리프트 차량(이하 ‘견인차량’이라고 한다.) 및 H을 다시 충격하였다

(hereinafter referred to as “the instant secondary accident”). The Network G transferred the instant accident to “J Hospital” after the said accident, but died.

C. The Plaintiff’s payment of damages is ① KRW 191,608,740 as damages to his/her bereaved family members on January 24, 2013, and ② KRW 188 million as repair cost of the Plaintiff’s vehicle to A on February 22, 2013.