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(영문) 서울고등법원 2015.11.05 2014나2045896
구상금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Basic facts

A. On June 18, 2013, around 21:50% of blood alcohol content, A, while driving a BYF rocketing or car (hereinafter “instant accident vehicle”) with a alcohol level of 0.190%, and driving the 8-lane back to and from the 313-4 Won, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, the eight-lanes of the eight-lanes of the instant vehicle, which is the starting point of the drid-type protective fence (hereinafter “instant protective fence”) installed on the instant road, was the occurrence of an accident (hereinafter “instant accident”). A and C died due to the said accident.

B. On July 11, 2013, the Plaintiff: (a) paid KRW 1,785,480 as hospital treatment costs; (b) KRW 550,00 as exemption on July 12, 2013; and (c) paid KRW 2,00,00 as exemption on July 18, 2013; and (b) paid KRW 373,335,480,000 in total with indemnity, including solatium’s consolation money, funeral expenses, and lost income, to the spouse D, the heir of C paid KRW 373,373,35,480 in total by paying KRW 1,785,480 in total (i.e., KRW 1,780,50,000 in total - KRW 2,00,000 in total,00 in total,00 in total, KRW 373,00 in total,00 in total; and (c) paid KRW 5037,037,0030 (30).

At the time, D agreed not only to the plaintiff but also to waive all the rights of the other (non-appellant) joint and several debtors in the future and also not to file a civil or criminal lawsuit or objection even if any reason exists.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 12, Eul evidence No. 9 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The point where the accident of this case occurred is the point where the construction of a drick-type protective fence is to be started at the center of the road while the point where the accident of this case occurred in the straight line to the drick-line section.

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