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(영문) 서울중앙지방법원 2017.01.11 2016가합519237
구상금
Text

1. The Defendant’s KRW 186,558,193 as well as 5% per annum from May 13, 2016 to June 7, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement with respect to A private taxi (hereinafter “Plaintiff”). The Defendant is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to BRano five tons of cargo vehicles (hereinafter “Defendant vehicle”).

B. At around 05:10 on March 31, 2015, the Defendant’s vehicle was going straight along the four-lanes of the 363.9km-do 363.9km-do.

At the time, the driver of the defendant vehicle who is the highest driver of the vehicle is driving.

At the same four-lanes of the road, C Vehicle Corresponded (hereinafter referred to as “lined vehicle”), and as a result, the central separation zone was pushed into one-lane, and the final suspension was made over a one-lane and two-lanes.

The towing vehicle in the vicinity immediately arrived at the site of accident, turning a warning light on the two-lanes and sounding a siren, and the two vehicles driven in the one-lanes were turned on the three-lanes of the Defendant vehicle.

C. However, after approximately two minutes and three minutes from the time of the occurrence of the preceding accident, D, the driver of the Plaintiff’s vehicle, proceeded as it is, and the front left side of the Defendant’s vehicle was shocked by the front left side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). D.

In the instant accident, D and Passenger E, the driver of the Plaintiff Company, died, and the passenger F sustained an injury to the “abstin of a string of a flue,” which requires approximately 12 weeks medical treatment.

E. In a lawsuit filed against the Plaintiff by the deceased E’s bereaved family member (Seoul Central District Court 2015Da5182735), “the Plaintiff paid KRW 347,231,290 to G and its delay damages.” On February 3, 2016, the Plaintiff deposited KRW 362,547,510 with G as the principal deposit and paid the following expenses in relation to the said lawsuit:

The details of payment of the payment date shall be paid, and on February 3, 2016, the principal and interest of the judgment shall be paid on February 3, 2016, 362,51.

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