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(영문) 창원지방법원 2015.12.15 2015가단74063
구상금
Text

1. The Defendants jointly share KRW 33,809,918 with respect to the Plaintiff and 5% per annum from February 25, 2015 to December 15, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company that entered into an automobile comprehensive insurance contract with the non-party comprehensive construction company Sungho Construction and A vehicle (hereinafter “instant vehicle”).

B. On September 25, 2012, Nonparty B: (a) driven the instant vehicle on the road of this case, which is the 14th line for national highways; (b) did not properly see the front section of the C vehicle owned by Defendant White Enterprise Co., Ltd., which is a work-protective vehicle for the protection of the human father who had been engaged in work within the Kim Sea 2 tunnel, while driving the Kim Sea 2 tunnel in the main road of the 14th line for the national highways, along with the Jimhae-si road of Kimhae-si; and (c) caused an accident of shocking the said C vehicle by linking Nonparty D and E, which had been engaged in sand removal work at the time.

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

On February 24, 2015, the Plaintiff paid KRW 43,902,420 to D, the victim of the instant accident, with medical expenses and the agreed amount, and KRW 125,147,170 to E. The Plaintiff paid KRW 35,420,00 at the repair cost of the instant vehicle.

Defendant Republic of Korea built and managed the instant national highway as a public structure, and Defendant 00 Commercial Co., Ltd concluded management and operation services with Defendant Republic of Korea regarding the Kimhae 2 tunnel, which is the place of the instant accident, and maintained and managed tunnels.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 7 (including a branch number)

(ii) evidence of Eul's 1 to 3, each entry of Eul's 1 to 8, the purport of the whole pleadings

2. Determination as to the claim

A. The Plaintiff’s assertion that the instant accident occurred due to the Defendants’ negligence, other than Nonparty B’s breach of duty in front of the front line, which did not properly observe the tunnel construction guidelines, etc., and thus, the Plaintiff is obligated to pay KRW 102,234,795, and damages for delay, equivalent to 50% of the Defendants’ negligence, out of the total amount of KRW 204,469,590 paid to the victims.

B. Determination 1.

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