(영문) 서울중앙지방법원 2015.10.08 2014가단5192490

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(영문) 서울중앙지방법원 2015.10.08 2014가단5192490

구상금

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1. The Defendants jointly share KRW 57,331,505 with respect to the Plaintiff, and 5% per annum from June 3, 2014 to October 8, 2015.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into an automobile insurance contract with F and his subordinate B, and the basic security of each insurance contract includes “non-insurance loss security” with the content that F would compensate for damage caused by an accident that occurred due to non-insurance vehicles. 2) Defendant D is the owner of the Gutotoba (hereinafter “Defendant”) and Defendant E is the driver of the Defendant vehicle at the time of the instant accident. Defendant E is the driver of the Defendant vehicle at the time of the instant accident, and F is the driver of H tobaba (hereinafter “victim”) at the time of the instant accident, who died due to the instant accident.

B. On February 15, 2014, around 16:15, the occurrence of the instant traffic accident, on the backway of Seongdong-gu Seoul Metropolitan Government Geumdong-dong, Defendant E driven the Defendant’s vehicle and was proceeding along the way from the port side to the middle distance from the port side of Taesan, but the F, who was listed on the side of the damaged vehicle, was used as the left side to avoid the collision with the Defendant vehicle, and went away from the damaged vehicle, was faced with the head of the Defendant’s car and died during treatment.

The accident site was at a bend of a one-lane road without a median line, where it is difficult to see the situation of the bend, but the damaged vehicle immediately before the collision was sicked with a virtual center line even, and the defendant vehicle was also driving in close vicinity to the virtual center line.

C. The Plaintiff paid KRW 294,597,970 to the deceased’s bereaved family members by June 2, 2014, in accordance with the agreement on the security of an in-paid injury with respect to insurance, and thereafter, the Plaintiff paid KRW 120,00,000 to the Plaintiff as the indemnity amount.

[Ground of recognition] Facts without dispute, Gap 1 through 9, Eul 1, the purport of the whole pleadings

2. The defendants' liability and scope of damages

(a) The occurrence of the liability for damages and the situation of the limitation is unknown.

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