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(영문) 서울중앙지방법원 2018.04.27 2017가단5157719
구상금
Text

1. The Defendants jointly committed against the Plaintiff KRW 49,778,350 and Defendant C from October 12, 2016 to August 28, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a guarantee business operator entrusted with the business of guaranteeing motor vehicle accident compensation by the government, and Defendant C is the actual owner of the vehicle E (hereinafter “instant vehicle”), and Defendant D is the driver of the instant vehicle.

B. On July 5, 2016, at around 20:30, the Defendant D driven the instant vehicle on the road near F of the Gyeongnam Development Group, and was on the one-way side of the F of the Hawnnam-gun, and was in a direct position from the Hawn Station to the Hawn Station, and was negligent in neglecting the duty of the Hawn Station, and caused the victim to die by shocking the victim who walked on the right side of the roadway in the direction of the proceeding to the front part of the vehicle.

(hereinafter referred to as “instant accident”). C.

On October 11, 2016, the Plaintiff paid KRW 49,778,350 as insurance money to the bereaved family members of the victim who died of the instant accident, as prescribed by the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of recognition, the Defendants, as the owner and driver of the instant vehicle, fall under the operator prescribed in Article 3 of the Act, and are responsible for compensating for the damages suffered by the victim due to the instant accident. Since the Plaintiff paid insurance money to the bereaved family members of the victim and exempted the Defendants, the Defendants acquired the right to indemnity against the Defendants under Article 39(1) of the Act.

Therefore, the Defendants are jointly obligated to pay the Plaintiff the amount of KRW 49,778,350, which is equivalent to the insurance money, and the amount of delay damages calculated by each of the 15% annual rates prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from October 12, 2016 to August 28, 2017, as the delivery date of a copy of the instant complaint from October 12, 2016, which is the day following the payment date of the insurance money. Defendant C is obligated to pay the amount of delay damages calculated from the following day to November 13, 2017 to the day of full payment.

3. Thus, the plaintiff's claim against the defendants is justified.

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