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(영문) 서울중앙지방법원 2017.06.13 2016가단5305382
구상금
Text

1. Defendant A’s 26,009,280 won and the Plaintiff’s 5% per annum from October 21, 2016 to June 13, 2017, and June 14, 2017.

Reasons

1. Basic facts: around 20:09 on June 15, 2014, Defendant A driven a C-A-D passenger car owned by Defendant B (hereinafter “Defendant-owned vehicle”) according to one-lane between the two-lane roads in front of the E-Pari Station in Gwangju City, by driving a vehicle for C-A-D (hereinafter “Defendant-owned vehicle”).

Defendant A changed the lane to the right side without taking well into account the traffic conditions of the front and rear left side, and the part on the left side of the Frando taxi (hereinafter referred to as “Plaintiff”) of the Frando taxi (hereinafter referred to as “Plaintiff”), which driven two lanes, was followed by the front side of the Defendant’s vehicle and the part on the front side of the Defendant’s vehicle.

[Reasons for Recognition] Facts without dispute, entry of evidence Nos. 1, 2, 3 and 6, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion did not take into account the traffic situation, and the occurrence of a traffic accident was caused by the unilateral negligence that changed the vehicular lane of the Defendant A, and the Plaintiff, as the insurer of the Plaintiff, spent KRW 26,009,280 due to the medical expenses and agreed amount of the Plaintiff’s vehicle involved in the traffic accident.

Therefore, Defendant A as the driver of the Defendant vehicle, Defendant B as the owner of the Defendant vehicle, and Defendant B as the insurer of the Defendant vehicle, Defendant Eastern Fire Marine Insurance Co., Ltd., as the insurer of the Defendant vehicle, must compensate for the damages arising

However, since the plaintiff paid damages with insurance money, the defendants should jointly claim the amount to the plaintiff.

3. Defendant A makes a confession of the Plaintiff’s assertion in determining the claim against Defendant A.

Therefore, Defendant A, as a driver of Defendant vehicle, should pay to the Plaintiff the amount of KRW 26,09,280 for compensation and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from October 21, 2016 to June 13, 2017, which is the date following the final payment date of the insurance money, to June 14, 2017, and 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 14, 2017 to the date of full payment.

4. Judgment on the claim against the defendant B, Dong-dong Fire & Marine Insurance Corporation

A. The summary of the above Defendants’ assertion is parked in Defendant B.

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