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(영문) 인천지방법원 2019.09.25 2019가단225049
구상금
Text

1. As to the Plaintiff KRW 102,400,000 and its KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 2,40,000 from August 26, 2008.

Reasons

1. Facts of recognition;

A. At around 02:30 on June 25, 2008, the Defendant: (a) driven a F vehicle owned by E while under the influence of alcohol level of 0.178% on the street in front of the Bupyeong-gu Incheon Bupyeong-gu Diveel without a driver’s license (hereinafter “dive vehicle”); (b) caused injury to the driver of the primary damaged vehicle due to shock of the G vehicle (hereinafter “first damaged vehicle”); (c) the Defendant did not take any rescue measures but did not enter the intersection at least 02:45 on the same day while the Defendant escaped, in violation of the intersection signal from the Seongbuk-dong Seongbuk-gu, Incheon, Seongbuk-gu, Seongbuk-gu, Incheon, for instance, and caused the driver’s death, and (d) caused the passenger’s death.

B. On August 8, 2008, the Plaintiff paid KRW 2,400,000 to the driver of the first damaged vehicle with no insurance vehicle.

On August 7, 2008, L Co., Ltd. paid 191,660,430 won to K’s heir of the passenger k with non-life insurance premium, and filed a claim for reimbursement of KRW 100,000,000 for liability insurance money to the Plaintiff. Accordingly, the Plaintiff paid KRW 100,000 to L Co., Ltd. on August 26, 2008.

C. The Plaintiff filed a lawsuit against the Defendant and E, the owner of the vehicle for the reimbursement amount under Seoul Central District Court Decision 2009Da49689, Jun. 24, 2009. The above judgment became final and conclusive around that time by rendering a judgment that “The Defendant shall jointly and severally with the Plaintiff for KRW 102,400,000 and KRW 100,000,000,000 from August 26, 2008; KRW 2,400,000 from August 8, 2008 to June 5, 2009; and KRW 20% interest per annum from the next day to the day of full payment.”

The defendant shall file an application for bankruptcy and immunity with the Incheon District Court 2017Hadan3148 and 2017 3145.

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