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(영문) 서울중앙지방법원 2014.04.24 2013가단5133661
구상금
Text

1. The Defendant’s KRW 11,746,218 as well as the Plaintiff’s annual rate from January 27, 2012 to April 24, 2014.

Reasons

1. Basic facts

A. On January 5, 2012, A (hereinafter referred to as the “the Deceased”) driven a Bchip vehicle (hereinafter referred to as the “the instant vehicle”) around 14:43 on January 14, 2012, while driving the instant vehicle on the front side of the front side of the bridge at the reinforcement intersection, the Plaintiff (hereinafter referred to as the “the instant school owner”) was assigned to the head of the bridge located on the first line at the 1st place of the Incheon Strengthening-gun, Incheon, Incheon, to the right side of the road, and died at around 16:50 on the same day on the ground that the instant school owner and the instant vehicle were exposed to a large-scale accident.

(hereinafter referred to as the “instant accident”). B.

The Plaintiff is the insurer who entered into a comprehensive automobile insurance contract with the Deceased regarding the instant vehicle, and the Defendant is the manager of the road where the instant accident occurred.

C. By January 26, 2012, the Plaintiff, as an insurer, paid KRW 100,984,580 to the deceased’s bereaved family members, and KRW 11,477,60,00 as the substitute damages, and paid KRW 5,00,00 in total to C at the repair cost of a place, and paid KRW 117,462,180.

[Reasons for Recognition] Facts without dispute, entry in Gap 1, 2, 4, and 5 (including virtual numbers), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the principal of the instant school was manufactured and installed as a stone without considering the shock with the vehicle. With respect to the principal of the instant school, the principal of the instant school did not install a proper transition section, a facility for promoting salvity, and a shock absorption facility.

Accordingly, damage caused by the accident of this case has been significantly expanded.

The accident in this case occurred concurrently due to the defect in the construction and management of the road and the negligence on the deceased's driving, and it is reasonable to view the defendant's liability ratio as 20%.

Therefore, the defendant is obligated to pay the amount of indemnity equivalent to 20% of the insurance money paid by the plaintiff and the damages for delay.

B. The Defendant’s assertion that the instant accident occurred.

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