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(영문) 인천지방법원 2020.04.21 2019가단237134
구상금
Text

1. The Defendant’s KRW 66,30,873 as well as the Plaintiff’s KRW 5% per annum from January 1, 2019 to April 21, 2020.

Reasons

1. Basic facts

A. On December 8, 2017, around 04:20, at around 04:20, a traffic accident involving the victim G in front of the Plaintiff’s members located in the Nam-gu Incheon Metropolitan City, where the Plaintiff, the insured, shocked the victim G who was in front of the Funst vehicle, and the shocked the victim, who was in front of the Funst vehicle, was driven by H as the Defendant’s insurance vehicle (hereinafter “instant accident”).

B. The victim died due to the instant accident.

C. The victims’ bereaved family members have father J, mother K, and Dong L, and K and L have delegated the right to claim and receive the agreed amount against the Plaintiff to the J.

The Plaintiff paid KRW 220,000,000 to J by December 31, 2018, and paid KRW 1,002,910 to the victim’s medical expenses.

[Grounds for Recognition: Evidence Nos. 1 through 3, Evidence Nos. 1 and 2, and the purport of the whole pleadings]

2. The parties' assertion

A. The defendant should pay to the plaintiff an amount equivalent to 50% of the defendant's contribution ratio out of the insurance money that the plaintiff paid to his bereaved family members.

B. Defendant 1) The instant accident was an inevitable accident for the Defendant’s driver, and the main cause for the death of the victim was the shock of the Plaintiff’s vehicle and the shock of the Plaintiff’s vehicle to the road.

Therefore, even if the defendant's vehicle used to teach the victim, it contributed to the death.

Even if the defendant's liability should be limited.

3. Determination

A. According to Gap evidence Nos. 4-40 of the causal relationship between the plaintiff and the defendant's 1 calendar calendar, the victim suffered damages to their body parts, and multiple deprivations on the part of the defendant's body are found to be broad deprivations on the part of the part of the ship, damage by the collision itself, damage caused in the course of transitioning on the ground, damage by the station, damage caused in the course of transitioning on the ground, etc. In such a case, each individual damage causes shall be clarified.

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