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(영문) 서울중앙지방법원 2018.05.24 2017가단5118998
구상금
Text

1. The Defendant’s KRW 121,568,100 as well as 5% per annum from March 28, 2017 to May 24, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to AK5 vehicles (hereinafter “Plaintiffs”). The Defendant is a mutual aid operator who has entered into a bus mutual aid agreement with respect to B New Franchise bus (hereinafter “Defendant”).

B. On September 20, 2014, around 21:37, C, the driver of the Defendant vehicle, was driving along two lanes at the point of 64 km along the coast guard line, Seowon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam, a driver of the Defendant vehicle, and was driving at the 64 km line of the coast guard line at the passenger’s request, and was towing the victim’s ESD driving vehicle (hereinafter “victim’s vehicle”).

(hereinafter referred to as the “instant prior accident”). The damaged vehicle due to the shock of the said prior accident, conflicts with the right wheel day, reconsects the central separation zone, and reconsects the two-lanes of the damaged vehicle, and the rocketing vehicle, which proceeded one-lane after approximately 3 minutes, finds the damaged vehicle and rapidly alters the two-lane, but the following vehicle of the FF driver’s vehicle found the damaged vehicle, but did not keep the distance short, led to the left side part of the damaged vehicle to the left side of the Plaintiff.

(hereinafter referred to as “after-the-case event”). (c)

After the instant preceding accident, the driver of the Defendant’s vehicle stops at a place less than 100 meters away from the shock point of the preceding accident, and moves to the damaged vehicle, but did not take necessary safety measures, such as the installation of a triangulation belt, only for the purpose of the subsequent event and prevention.

In the instant case, the victim died due to the prior accident and the subsequent event of the victim, and the victim’s bereaved family member filed a damages suit against the Plaintiff (Seoul Central District Court 2016Kadan5218129), the decision of recommending reconciliation became final and conclusive that the Plaintiff paid a total of KRW 200,000 to the bereaved family members, and the Plaintiff paid KRW 200,000,000 to the bereaved family members until March 17, 2017.

On March 27, 2017, the Plaintiff filed a lawsuit with the efficiency of the law firm that requested the lawsuit.

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