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(영문) 인천지방법원 2020.08.18 2019가단251611
손해배상(자)
Text

The defendant's KRW 48,254,129 for each of the plaintiffs and each of them shall be 5% per annum from October 14, 2018 to August 18, 2020, and 5% per annum.

Reasons

Basic Facts

A. On September 2, 2018, at around 01:05, the Defendant, without obtaining a Class 2 license for small-type 2, operated FObab and proceeded with the front road of the Incheon Family Court located in 881, as the Gyeongbabro, in front of the Incheon Michuhol-gu Incheon Family Court, as the Gyeongbabrogate. However, even when the electric signal was changed to the yellow signal, the Defendant proceeded at a speed of 9-110km per hour at a speed of 9-10km per hour while the electric signal was turned to the yellow signal, and conflict with H-si of G driving, who was a U.S. in the front of the Yababane.

B. On October 14, 2018, the victim I, who was on board the Obane due to the instant accident, died on the part of October 14, 2018.

C. The plaintiff A’s father and the plaintiff B are the mother of the victim.

Plaintiff

A as the legal representative of the victim, on January 8, 2019, set up a written agreement and a written waiver of the right (i) that the JAC, the mutual aid company of the above taxi, and the victim's amount of damages, shall be KRW 285,00,000 (excluding medical expenses already paid by the JAC) and that the amount would not be brought any lawsuit or objection against the accident of this case in the future when receiving the amount, (ii) any civil claim due to the accident of this case, (iii) any civil claim due to the accident of this case, (iv) any claim for damages against the aftermath and unexpected disability that could have been anticipated at the time of the agreement, and (iv) any claim for the traffic accident of this case is waived.

E. On January 15, 2019, K Co., Ltd., an insurance company of defendant Orala, paid to JAB a total of 330,857,580 won (the treatment cost of KRW 45,857,580, KRW 285,00,00) equivalent to 50% of the Defendant’s fault ratio among the damages that the said association paid to the Plaintiffs (the treatment cost of KRW 45,857,580, KRW 285,000), to JA.

F. On May 3, 2019, G paid KRW 30,000,000 to the Plaintiffs.

Grounds for recognition: Facts without dispute, Gap evidence 1 to 5.

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