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(영문) 서울중앙지방법원 2020.04.29 2019가단5104351
구상금
Text

1. The Defendant’s KRW 124,382,758 as well as the Plaintiff’s annual rate from September 7, 2019 to April 29, 2020, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is a mutual aid operator who has entered into a truck mutual aid contract with D vehicle (hereinafter “Defendant”).

B. On January 14, 2019, around 6:00, the driver of the Defendant vehicle: (a) took the exclusive way of the two-lanes of the two-lanes of the two-lanes near Seocheon-si, Seocheon-si, Kimcheon-si; (b) took two-lanes around the two-lanes of the two-lanes from the westan ICT bank; (c) turned back 130 meters back to the two-lanes of the two-lanes of the Defendant vehicle to return back, and caused an accident (hereinafter referred to as “onboard vehicle”); and (d) caused an accident, as part of the vehicle loaded on the Defendant vehicle, shocking the two-lane of the E vehicle (hereinafter “onboard vehicle”); and (e) subsequent to about four minutes after the occurrence of the preceding accident, the accident involving the Plaintiff’s vehicle resatisfing (hereinafter “instant accident”).

C. The instant accident caused the death of F, who is the driver of the Plaintiff’s vehicle, and G, who is the passenger, and H sustained each injury, and the Plaintiff’s vehicle was treated as total damages, and the I and J vehicle, who circumvented the instant accident, suffered damage caused by the instant accident that was scattered on the road.

As the insurer of the Plaintiff’s vehicle, the Plaintiff paid KRW 92,504,720 with the death insurance money of F according to the special terms and conditions of the automobile injury security, KRW 16,050,00 with the insurance money of the Plaintiff’s vehicle’s automobile’s automobile’s automobile’s automobile’s automobile’s automobile’s automobile possession, KRW 51,302,710 with the personal injury insurance money of G, KRW 16,35,830 with the personal injury insurance money of H, KRW 77,00 with the personal injury insurance money of H, KRW 16,35,830 with the personal injury insurance money of H, and KRW 83,440 with the personal injury insurance money of the J vehicle’s automobile’s automobile, and the payment date of the insurance

The Plaintiff paid KRW 93,440 with the death insurance amount of F, KRW 93,437,860, KRW 809,020, and KRW 913,440 with the real property indemnity insurance amount of J vehicle.

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