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(영문) 전주지방법원 2016.12.02 2016가단17745
구상금
Text

Defendant A’s KRW 48,766,480 for the Plaintiff and KRW 5% per annum from April 10, 2004 to August 1, 2006.

Reasons

On July 31, 2003, Defendant A driven a D vehicle (hereinafter “Defendant”) around 21:30 on July 31, 2003, and caused the victim E.

(2) The Plaintiff paid KRW 63,766,480 to the victim as an agent for the Guarantee of Automobile Accident Compensation Business under Article 37 of the Guarantee of Automobile Accident Compensation Act.

Therefore, Defendant A is obligated to pay to the Plaintiff KRW 48,766,480 after deducting KRW 15,00,000 which was partially deposited in the above insurance money, and damages for delay.

In full view of the purport of the entire pleadings in the statement in the evidence No. 2, No. 2, and No. 1 of Article 208(3)3 of the Civil Procedure Act (amended by Service by Public Notice) of the applicable provisions of the Acts, the judgment ordering the Plaintiff to pay KRW 48,766,480 and delay damages for the accident in this case was finalized, as the deceased’s vehicle operator was responsible for the accident in this case’s vehicle, and the deceased’s wife B and C were the deceased’s wife and their children, and the declaration of qualified acceptance was accepted on September 8, 2008.

Therefore, within the scope of the property inherited from the Deceased, Defendant B and C jointly with the Plaintiff, and according to their shares of inheritance, Defendant B is obligated to pay to the Plaintiff 29,259,888 won (48,76,480 won x 3/5), Defendant C is obligated to pay 19,506,592 won (48,76,480 won x 2/50) and each of the said money at the rate of 5% per annum from April 10, 2004 to July 6, 2007, and 15% per annum from the next day to the day of full payment.

If so, the plaintiff's claim against the defendant B and C is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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