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(영문) 서울중앙지방법원 2018.04.03 2016가단5298842
구상금
Text

1. The Defendant’s KRW 64,200,00 for the Plaintiff and 5% per annum from December 8, 2016 to December 30, 2016.

Reasons

1. Facts of recognition;

A. On September 30, 2016, at around 20:35, the occurrence of a traffic accident (1) B: (a) driven by a small-scale car at C (hereinafter “Defendant vehicle”) and received the front left part of the left part of the Defendant vehicle’s front left part of the vehicle at the left part of the Defendant vehicle, which was left left to the name from the direction of the B’s U.S. driving, while moving to the west from the right side of the west-dong-gu, Daegu to the right side.

(hereinafter referred to as the “instant accident”). (2) The instant accident caused E on board the said A and the Plaintiff, and the Plaintiff’s vehicle was destroyed.

(3) At the time of the instant accident, B was under the influence of alcohol content of 0.213% in blood, and was under the influence of vehicle signal even though the vehicle signal was a stop signal.

B. (1) On January 2016, E.S. Co., Ltd. serving as A entered into a comprehensive automobile insurance contract between the Plaintiff, an insurance company, with respect to the Plaintiff’s vehicle as the insured, and with respect to the insurance period from January 22, 2016 to January 22, 2017.

(2) On September 2016, B concluded a comprehensive automobile insurance contract between the Defendant, an insurance company, as the insured, with respect to the Defendant’s vehicle, and between September 28, 2016 and October 28, 2016, with the insurance period as the insured.

C. On December 7, 2016, the Plaintiff paid KRW 64,200,000 to the central motherter (owner), a repair business entity of Plaintiff’s vehicle, at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 8 through 12, Gap evidence No. 17-6 through 9, and the purport of the whole pleadings.

2. Judgment on the parties' arguments

A. According to the above facts, the defendant, the insurer of the defendant vehicle, is obligated to compensate for the damage caused by the accident in this case to D. S., the victim of the accident in this case, and the automobile insurance contract.

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