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(영문) 대전지방법원 천안지원 2018.09.12 2017가단111587
부당이득금
Text

1. The Defendant’s KRW 35,272,370 as well as the Plaintiff’s annual rate from November 2, 2017 to September 12, 2018.

Reasons

1. Facts of recognition;

A. 1) In the event of a traffic accident, B driving car volume (hereinafter referred to as “contributing vehicle”).

(2) On February 18, 2017, the Plaintiff’s assistant driver’s vehicle (hereinafter “Plaintiff’s vehicle”) who operated the detailed underground tea of the 21st national highway at the access road of the 21st national highway also along the fourth-lane road of the 5th national highway, as it was located in the access road of the 21st national highway, and changed the road separation zone into the third-lane road of the 0th national highway, and fell short of the 0th underground lane while changing the vehicle into the third-lane road of the 0th national highway. The 201st national highway was extracted by the 3rd national highway and followed by the third-lane of the 3rd national highway.

2) As the Plaintiff’s vehicle was at the bottom of the front engine without stopping the front engine, the Plaintiff’s vehicle concealed the front engine and stopped the front engine at the fourth-lane prior to the front of the instant bridge, and the front-standing vehicle stopped subsequent to the Plaintiff’s vehicle.

Plaintiff

The driver of the vehicle set the driver B from the vehicle to divide the dialogue between the plaintiff's vehicle and the frighting vehicle.

3) On February 18, 2017, around 01:35, 01:35, E is the F Kanche vehicle volume under the influence of alcohol while under the influence of alcohol of 0.093% (hereinafter referred to as “Defendant vehicle”) depending on four-lane roads of the Gangseo River Don-do in the Scong-gu, Sinsan-si, Sinsan-si, Sinsan-si.

(B) The Defendant’s vehicle’s front section of the Defendant’s front section was frightened, and the Defendant’s front section was frightened by failing to properly operate the operation system under the influence of alcohol while neglecting his duty to stop on the front line (hereinafter “instant accident”). As a result, the Defendant’s front section of the Defendant’s front-standing vehicle was tight and frighted in the front line of the front-standing vehicle (hereinafter “instant accident”).

(4) B) The instant accident led to the death on February 21, 2017.

B. The Defendant paid the insurance money to the Defendant and the Plaintiff’s indemnity against the Defendant, as the insurer of the Defendant vehicle, KRW 352,797,220 in order to compensate for damages caused by the death of B.

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