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(영문) 서울중앙지방법원 2015.03.20 2014가단186674 (1)

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of an additional judgment shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On July 20, 2010, Defendant C driven a D vehicle owned by Defendant A and B (hereinafter “Defendant vehicle”) and driven a new road in front of the two sides of the new Yancheon-gun, Gyeongcheon-gun, the Defendant C caused an accident of shocking the victim’s vehicle that was bypassed to enter the said road on the right side of the road (hereinafter “instant accident”).

B. By July 5, 2013, the Plaintiff paid KRW 49,070,694 as insurance money to E who boarded the said victim’s vehicle, and paid KRW 16,692,750 as an additional amount around July 3, 2014.

C. Since the instant accident occurred in violation of Defendant C’s duty of safe driving, Defendant C and Defendant A and Defendant A, the owner of the Defendant vehicle, are obligated to pay KRW 16,692,750, respectively, paid by each of the Plaintiff around July 3, 2014, and damages for delay.

2. The judgment fee, Gap evidence No. 1 alone cannot be deemed to have any negligence on the part of the defendant C in the instant accident (including the paper number) and there is no other evidence to acknowledge this differently, according to each description and image of Eul evidence Nos. 1 through 3 (including the paper number).

3. The Plaintiff’s claim for conclusion is dismissed on the grounds that it is without merit. However, since the judgment on the above claim was omitted in the original judgment rendered on February 13, 2015, the said judgment is rendered in accordance with Article 212(1) of the Civil Procedure Act.