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(영문) 서울중앙지방법원 2019.08.23 2017가단32563
구상금
Text

1. The Defendants jointly share KRW 35,075,985 with respect to the Plaintiff, and 5% per annum from February 1, 2017 to August 23, 2019.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to D and E vehicles during the period of insurance from August 22, 2016 to February 22, 2017.

The contents of the instant insurance contract include a non-life insurance special agreement, and the insured of the said special agreement also includes the network F (hereinafter referred to as “the deceased”).

B. Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded a loan agreement with the owner of the Nw K7 vehicle (hereinafter “instant vehicle”) on May 19, 2016, with respect to H and the said vehicle from May 19, 2016 to November 10 of the same year, with respect to the period of contract from May 19, 2016 to November 10 of the same year (hereinafter “instant rental agreement”).

C. The Defendant B and the Deceased are both a substitute driver, and when one person drives on his behalf, the remaining person runs the business by carrying the article that has completed the substitute driver on his behalf, and the profits were distributed to 6:4 to 7:3.

As above, Defendant B driven the above vehicle in order to return to the steering edge of the instant vehicle on board. On October 6, 2016, Defendant B driven the said vehicle on the left side of 60km speed at a speed of 23:50 meters per hour on October 6, 2016, which is an Asan-si, Asan-si, Inc., a road, at an speed of about 96 km, while driving the one-lane road at an speed of about 96 km, Defendant B was caused by the negligence of rapid operation of the steering gear, resulting in the said vehicle’s collapse, and caused the accident of sand loading with concrete installed on the right side of the road (hereinafter “instant accident”).

The Deceased did not wear a safety bell at the time of the instant accident, and died of the accident due to the instant accident on October 12, 2016.

The plaintiff is deceased according to the non-insurance contract of the insurance contract of this case in accordance with the injury security agreement.

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