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(영문) 서울중앙지방법원 2015.11.05 2014가단198547
구상금
Text

1. The Defendants’ respective Plaintiff KRW 199,381,540 as well as 5% per annum from April 14, 2015 to May 11, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract containing a non-life-free special agreement for each person (a maximum of 200,000,000 won per person) with respect to D and E vehicles.

Defendant A is the driver of F rocketing vehicles (hereinafter referred to as “seaing vehicles”), and Defendant B and C are the co-owners of seaing vehicles.

B.D became aware of Defendant A and B at the Taekwondo Family Association of the Taekwondo Department prior to several years.

D On March 16, 2014, Defendant B loaned a sea-going vehicle from Defendant B, and participated in an open parents conference in port.

D In his job, the defendant A spathed and proposed that "I will work together at the construction site of a three-way thermal power plant" to the defendant A while drinking the defendant A at his job, and the defendant A consented to it, and requested the defendant A to drive a sea-going vehicle up to three-way.

C. On March 16, 2014, at around 21:30, Defendant A driven a melting vehicle with blood alcohol content of 0.148% without a driver’s license, and proceeded with the roads front of the I stations located in H at the same time in the East Sea as a chill from the celebical bank.

Defendant A, by negligence without reducing speed on the hond road at the hond direction and without checking the hond direction, was shocked to the right-hand side of the road, followed by the central separation zone, and the monded by the monding vehicle.

(hereinafter “the instant accident”). D, which was on board the steering edge of a sea-going vehicle, suffered an injury, such as a sandbago, etc., due to the instant accident.

Until April 13, 2015, the Plaintiff paid D 199,381,540 won (total amount of KRW 319,381,540 - returned amount of KRW 120,000,000 from Samsung Fire and Marine Insurance Co., Ltd., a responsible insurance company) with medical expenses and agreed amount of KRW 199,381,540.

This is to consider D's negligence as 50%, and calculates D's loss amount as 7,989,692 won, future treatment expenses as 58,91,775 won, loss amount as 56,11 won, nursing expenses as 137,092,420 won, and consolation money as 15,750,000 won, according to the calculation basis of insurance money under the terms and conditions, and then the scope of the loss amount.

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