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(영문) 대구지방법원 2018.03.09 2016가단130780 (1)

구상금

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 129,849,965 and Defendant A with respect thereto from December 21, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with the owner of the EXE cargo (hereinafter only referred to as the “Plaintiff vehicle”) to compensate for all liability owed by the said company to a third party due to a traffic accident that occurs during the operation of the Plaintiff vehicle and a traffic accident that occurs during the operation of the Plaintiff vehicle.

B. Defendant A is a driver of Crenter (hereinafter referred to as an “accident”) and Defendant Youngdong Co., Ltd. (hereinafter referred to as Defendant Youngdong Co., Ltd) is the owner of the accident vehicle.

C. Defendant A driving a motor vehicle on February 8, 2015 at around 04:00 and proceeding in the direction of five parts on the side of the Busan Customs Office.

진행방향 우측에 주차중인 원고차량을 사고차량 앞부분으로 충돌하여 사고차량이 도로부분으로 튕겨져 나가는 사고를 야기하였다.

(hereinafter referred to as the "accident of this case") and the accident of this case, D and E, who was on board the right edge of the accident, died, and F, who was on board the driver's seat, was seriously wounded.

In relation to the instant accident, the Mets Fire and Marine Insurance Co., Ltd., the insurer of the vehicle involved in the accident, paid 200 million won each to the victim D and E’s inheritors as the amount of compensation and liability insurance. The Plaintiff paid 141,000,000 won to D’s inheritors, and 80,000,000 won to the heir of the victim E as the mutual aid amount, and paid 2,352,90 won as the litigation cost.

[Based on Recognition] Facts without dispute and entry of Gap evidence 1 to 5 (including virtual numbers; hereinafter the same shall apply)

2. Chief;

A. The Plaintiff’s assertion 1 of this case occurred due to the negligence of the Plaintiff’s driver, who was the driver of the vehicle involved in the accident, and thus, the Defendant Young-gu and the Plaintiff, the owner of the vehicle involved in the accident, jointly and severally, pursuant to the Guarantee of Automobile Accident Compensation Act, shall compensate for the damages caused by the accident to the said D and the above E’s heir.