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(영문) 서울중앙지방법원 2015.05.29 2014가단63849
구상금
Text

1. The Defendant’s KRW 22,954,784 as well as the Plaintiff’s annual rate of 5% from February 19, 2014 to May 29, 2015.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Plaintiff’s Guarantee of Automobile Accident Compensation Act (hereinafter “Voluntary Act”)

(i) interest of an insurer entrusted with governmental compensation services and vehicles B and C (hereinafter referred to as “Plaintiff vehicle”);

The insurer is liable for payment of insurance proceeds in accordance with a special agreement on security for an inbound injury with respect to an automobile insurance contract. The Defendant is a D vehicle (hereinafter referred to as “Defendant vehicle”).

(2) On March 12, 2013, the Defendant driven the Defendant’s vehicle without being insured at least 1:50 on March 12, 2013, and entered the intersection in contravention of the signal signal from the third west west west west of the Suwon city and passed the intersection at least half of the intersection. The front part of the Plaintiff’s vehicle that left left according to the course signal and the right side part of the Defendant’s vehicle conflict.

(2) On February 18, 2014, the Plaintiff paid KRW 2,198,480 to B for the total sum of the medical expenses as compensation under the Government Security Business, and KRW 26,495,000 for the total loss of the vehicle as the insurance money under the Special Agreement on Non-Insurance Injury Security.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 4 through 6, the purport of the whole pleadings

B. In light of the above facts of recognition of liability, since the accident of this case occurred due to negligence of the defendant's violation of signal, etc., the defendant is liable to compensate B for the damage caused by the accident of this case.

C. However, even as B, the Defendant entered the intersection in violation of the signal, but was passing through a considerable portion of the intersection, and thus, even if passing through the proceeding signal, he neglected his duty to prevent the accident by checking well.

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