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(영문) 서울중앙지방법원 2016.12.21 2016가단5195837
구상금
Text

1. The Plaintiff:

A. Defendant A shall pay 64,030,190 won and 20% per annum from February 8, 2007 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 23, 2003: (a) around 03:10, E driven a Franchising car (a hazard vehicle) at the influence level of 0.138% in blood alcohol level; (b) proceeds from driving the Don Chang-gun-gun Don Changwon-gun Dondong Highway at the 206 km-si Seoul Dondong Highway located in Gangseo-gu, Gangwon-do, and caused an accident resulting in the death of G freight, who is the passenger of the cab. The Maritime Vehicle was registered as the owner under the name of the Defendant A; and (c) the Plaintiff paid the insurance money of KRW 64,030,190 as compensation for damage to H, as the truster of the motor vehicle accident compensation business under Article 26 of the former Guarantee of Automobile Accident Compensation Act, as the insurer of the motor vehicle accident compensation business.

B. On December 19, 2006, the Plaintiff filed a lawsuit against Defendant A and E seeking reimbursement with the Daejeon District Court 2006Gadan4293, and rendered a judgment on December 19, 2006 that “Defendant A and E shall pay to each of the Plaintiff 64,030,190 won with 5% per annum from November 12, 2003 to August 25, 2006 and 20% per annum from the next day to the date of full payment.” The judgment became final and conclusive around that time.

C. Since then, Defendant A and E repaid KRW 14,732,079 to the Plaintiff, and the said amount was appropriated for damages for delay until February 7, 2007.

E As of April 3, 2012, after the death of April 3, 2012, Plaintiff C and D, the wife, become the inheritor.

Plaintiff

B, C, and D were accepted by filing a report on the inheritance limited recognition with the Seosan Family Court of Daejeon 2012 Madan147.

[Reasons for Recognition] No. 1, the purport of the whole argument

2. The plaintiff filed a lawsuit to interrupt extinctive prescription. Accordingly, the defendant A is obligated to pay to the plaintiff 64,030,190 won and damages for delay calculated at the rate of 20% per annum from February 8, 2007 to the date of full payment.

Defendant B, C, and D shall be jointly owned by Defendant A within the scope of the property inherited from the network E, and each of the above amounts to the Plaintiff.

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