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(영문) 대구지방법원 2015.01.16 2014가단27583
구상금
Text

1. The Defendant’s KRW 58,100,000 as well as annual 5% from July 25, 2013 to January 16, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On July 2, 2013, the Defendant, while under the influence of alcohol on July 11:2, 2013, driven B Poter trucks without being insured, and continued the way of one-way passage in front of the south-gu C located at the port of the port from the opposite market location to the peace market location of about 20km at the speed.

The Defendant did not discover that E (hereinafter referred to as “the deceased”) walk from the right side of the said truck and proceeded as it is without finding out, and caused an accident that leads the deceased’s left side side of the said truck to pass through the her part of the clock (hereinafter referred to as “the instant traffic accident”). The circumstances of the accident are the same as the description of the attached site map.

The Deceased died on the same day due to the instant traffic accident.

B. On the other hand, the Plaintiff is an insurer entrusted with the guarantee of motor vehicle accident compensation business (in case where a person liable for damages for an accident caused by the operation of a motor vehicle fails to subscribe to a liability insurance policy deduction, the State is an insurer entrusted with the compensation business for the damage inflicted on the victim within the limit of the insurance amount under the liability insurance policy) pursuant to Article 30 of the Guarantee of Automobile Accident Compensation Act (hereinafter “government chief contractor”).

As a government guarantee business entity, the Plaintiff spent KRW 69,911,680 as insurance money until July 24, 2013.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 through Eul evidence 3 (including additional statement, if any; hereinafter the same shall apply), the purport of whole pleadings

2. The defendant's liability for damages and scope

A. 1) The Defendant, who is liable for damages, caused the instant traffic accident and caused the death of the deceased, is liable to compensate for the damages therefrom. 2) The roads where the instant traffic accident occurred, the limitation of liability, are not divided into the sidewalk and the roadway.

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