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(영문) 서울중앙지방법원 2014.11.07 2013가단5191728
구상금
Text

1. The Defendant: (a) KRW 47,050,200 for the Plaintiff and 5% per annum from November 14, 2013 to November 7, 2014; and (b) November 8, 2014 for the Plaintiff.

Reasons

1. Basic facts

A. On April 10, 2012, A operated the B window Som Vehicles (hereinafter “Som Vehicles”) on April 10, 2012, and passed two-lanes among five-lanes near the 901-4 car in Gyeyang-gu, Incheon Gyeyang-gu, the front part of the Plaintiff’s vehicle’s operation, which used the road to cross the road to the left side without permission from the front part of the Plaintiff’s vehicle, and caused C to use it on the four-lane in the above road.

(hereinafter referred to as “the point at which the instant accident occurred”). B.

However, at the time of the instant accident, E, which was driving a Drocketing taxi (hereinafter “rocketing taxi”) with the point of the instant accident, did not avoid being used in that place and served as a rocketing taxi, and C eventually died.

(hereinafter referred to as “instant accident”). C.

C’s bereaved family members filed a lawsuit against the Plaintiff, the insurer of the windsle vehicle, and the Plaintiff paid KRW 177,00,000 as damages to C’s bereaved family members on November 8, 2013 according to the settlement recommendation decision finalized in the lawsuit.

(Seoul Central District Court 2013Kadan22193 case, hereinafter referred to as the "Prior Trial") d.

The Plaintiff filed an application for compensation adjustment with the Compensation Dispute Mediation Committee for the amount of KRW 184,920,00 (hereinafter “total amount”) of KRW 177,00,00,000, the amount determined to recommend reconciliation of the preceding lawsuit that the Plaintiff paid to the bereaved family members of C, and the amount of KRW 3,30,00,00, the amount of KRW 4,620,000, total attorney fees of KRW 184,920,00 (hereinafter “total amount”). On December 12, 2013, the said Committee determined the negligence of E, a rocketing taxi driver, as 25%, and the Defendant paid KRW 45,409,80, the total amount paid to the Plaintiff on December 12, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. Determination on the cause of the claim

A. When comprehensively taking account of the above basic facts as a result of the Defendant’s obligation to pay damages, the instant accident occurred concurrently by negligence between A and E.

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