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(영문) 서울중앙지방법원 2015.12.10 2015가단52464
구상금
Text

1. The Defendant’s KRW 246,247,040 as well as the Plaintiff’s annual rate from October 25, 2014 to March 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff is an insurer designated as a truster of the Guarantee of Automobile Accident Compensation Business under the Guarantee of Automobile Accident Compensation Act, and the Plaintiff is a named insured and a named insured C’s child (hereinafter “victim”).

(1) The term “instant insurance contract” (hereinafter referred to as “instant insurance contract”)

(2) The Defendant is a mutual aid operator who has entered into a motor vehicle mutual aid agreement with respect to D motor vehicles (hereinafter “Defendant vehicles”).

B. Around 02:40 on July 13, 2014, E driving without registration 124C YHHHE YOE (hereinafter “the instant accident”) and driving a five-lane road of 55 U.S. as in Yongsan-gu Seoul, Yongsan-gu along four-lanes from the tunnels 1 to the Hannam-do Intersection 1, the accident occurred with the Defendant of F Driving who entered the intersection before the signal change (hereinafter “the instant accident”). The instant accident caused the death of the victim boarding the rear seat of the said OEE.

C. On September 23, 2014, the Plaintiff paid KRW 136,00,00 to the victim’s father A of the instant insurance contract, and KRW 110,247,040 as part of the government’s insurance business (the total sum of KRW 100,000 and the total amount of medical expenses) and KRW 246,247,040 as part of the liability insurance contract as part of the government’s insurance business.

On August 21, 2015, E, which is the driver of the vehicle of this case, was sentenced to 10 months of imprisonment and 2 years of suspended execution due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Seoul Northern District Court, and F, which is the driver of the vehicle of this case, was sentenced to 10 months of imprisonment and 2 years of suspended execution on May 15, 2015 by the Seoul Northern District Court for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the above sentence became final and conclusive.

[Recognition] There is no dispute, Gap 1.

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