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(영문) 서울중앙지방법원 2018.11.02 2018가단5026928
구상금
Text

1. The Defendant’s KRW 15,500,000 as well as the Plaintiff’s annual rate from December 28, 2017 to November 2, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the amount of a car at Albaon (hereinafter “Plaintiff”) and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the amount of a car at Albaon (hereinafter “Defendant vehicle”).

B. On November 22, 2017, around 06:13, the Plaintiff’s vehicle neglected to go through the e-mail of the Plaintiff’s G (67 years old and H)’s left-hand side, which crosses the road from the right-hand side of the progress, along the two-lanes of the six-lanes in the way of driving the e-mail in front of the hotel in the Yeonsu-gu Incheon Metropolitan City E-gu in the direction of the F school from the e-section 2nd.

On the other hand, the defendant's vehicle driving along the above road, neglected to see the victim who was used in the first lane due to his neglect of the front line, etc., and eventually, the victim died (06:45 on the same day as the time of death) on the job.

Plaintiff

The driver of the vehicle and the driver of the defendant vehicle have stopped immediately and escaped without taking necessary measures, such as aiding the victim, even though they have caused the death of the victim.

C. On December 27, 2017, the Plaintiff paid 62,000,000 won to the bereaved family members of the victim as damages.

【Fact-finding, Gap’s 1 through 6, 8, 9, 10 evidence, Eul’s 1, 2, and 3 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. Plaintiff’s right to indemnity against Defendant;

A. The accident of this case, which constitutes a joint tort, was caused by the failure of the Plaintiff’s vehicle to discover the victim who was crossing the vehicle without permission due to negligence in front and front-down, etc., and thereafter there was negligence on the part of the Plaintiff’s driver, who did not properly seek the victim from the risk of danger, etc. Furthermore, the Defendant’s vehicle also did not discover the victim who was living in the first lane due to the failure to drive the vehicle on front-way, and the accident of this case was caused by negligence. Accordingly, the Defendant was the original Defendant

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