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(영문) 광주지방법원순천지원 2019.02.21 2016가단76425
구상금
Text

1. The plaintiff, the defendant J is 131,54,917 won, defendant E, F, G, H, and I jointly with defendant J, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an injury insurance contract with Nonparty K as an insured automobile (hereinafter “instant insurance contract”). The network D is the owner of M (hereinafter “Defendant”) and Defendant J is the driver of the Defendants’ vehicle.

The network D died on March 13, 2017, and the litigant is the defendant J, E, F, G, H, and I (hereinafter “Defendants”).

B. At around 19:55 on June 18, 2015, Defendant J overtakened K driving bicycles prior to the front of the ship’s junopty Park, the front of the ship’s junopty Park, and Defendant J caused an accident that shocks K driving bicycles on the right side of the Defendants’ vehicles.

(hereinafter referred to as the “instant accident”). Accordingly, K suffered injury from the pelle of both sides of the Korean left-gu, the left-hand pelle to the left-hand pelle, the left-hand pelle to the left-hand gale, and the vegeukle of the G

C. After the instant accident occurred, the Plaintiff paid 241,581,980 won (the treatment cost of KRW 44,081,980, and other agreed amount of KRW 197,50,000) as insurance money under the non-life insurance contract with K. The Plaintiff returned KRW 60,000,000, which is the insurance company of the Defendants’ vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 4 and 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, Defendant J is liable to compensate the owner of the Defendants’ vehicle, and the Defendants are the assignee of the deceased, who is the owner of the Defendants’ vehicle, for all damages incurred by the victim K due to the instant accident. (ii) Whether the instant accident is liable to limit the liability) is reasonable to deem that the instant accident was caused by the negligence of Defendant J, who did not secure the safety distance with the bicycle of the K operation that occurred prior to overtaking while overtaking, although the instant accident was mainly prohibited from overtaking at the intersection. However, in full view of the evidence in the foregoing, K crossing crossing the road, taking into account the entire arguments.

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