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(영문) 서울중앙지방법원 2020.11.12 2019가단5082925
구상금
Text

The Plaintiff

A. As to Defendant B’s KRW 117,576,960 and its KRW 94,417,440 among them, Defendant B shall be from March 27, 2019 to September 21, 2020.

Reasons

1. Basic facts

A. On March 5, 2015, the Plaintiff entered into a comprehensive motor vehicle insurance contract with Nonparty E with respect to the Fump trucks owned by it (hereinafter “Plaintiff”) as of March 5, 2015, covering the subscription security / the personal damage 1/ the personal damage 2/ the personal damage / the personal damage / the personal bodily accident, and the insurance period from March 5, 2015 to March 5, 2016.

B. At around 14:20 on June 19, 2015, Nonparty D driven G Poter freight (hereinafter “Defendant vehicle”) owned by it, and caused a collision between the Plaintiff’s vehicle, which was left left by the left-hand line in the direction of the heading village without temporarily suspending prior to entry into the intersection and making a left-hand turn to the private line beyond the center line, while driving through a defensive mountain road at the north-Gun, west-gun, west-gun, west-gun, west-gun, west-gun, the heading of the Gu, along with one lane in the direction of the heading village. (hereinafter “instant traffic accident”).

The victim H, who was accompanied by the above accident, was unable to carry out daily activities without any other person's aid due to the lack of the treatment days due to the recognition function of a serious injury due to the lack of the recognition function of a serious injury and the disorder of a smoke, etc.

C. By June 24, 2020, the Plaintiff paid KRW 256,202,00 (the sum of the insurance proceeds paid in addition to KRW 207,953,000 by March 26, 2019) to the victim H as the insurer of the Plaintiff vehicle, and returned KRW 9,000,000 from Nonparty I Company, the liability insurance company of the Defendant vehicle, to the victim’s liability insurance amount.

Non-party D died on June 12, 2017, and the remaining inheritors other than the Defendants renounced their inheritance. The Defendants filed a report on the recognition of inheritance with the Changwon District Court Decision 2017 Masan-Ma351 on August 28, 2017, which was subject to the adjudication of acceptance acceptance on September 12, 2017.

2. Determination

(a) The place where the fault ratio accident occurred is an intersection where traffic control is not conducted, and the passage is done on the left-hand side by considering the view of the driver of the road, the bridge and the gsan.

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