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(영문) 서울중앙지방법원 2016.12.14 2015가단5316439
구상금
Text

1. As to KRW 24,785,017 and KRW 24,535,017 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 24,535,00 from July 11, 2015, and KRW 250,00.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator for the Defendant’s vehicle B (hereinafter “Defendant”).

B. On July 10, 2014, at around 09:00, C driven the Plaintiff’s vehicle and driven along the road near Busan Shipping Daegu D, and parked on the right side of the direction of the proceeding, and then the Emaart external wall collisions and re-convened the accident.

As a result, three persons who were on board the plaintiff's vehicle died, two persons were injured, and the wall and coolant were damaged by the accident.

C. The Plaintiff paid the insurance proceeds from the above accident as follows.

By July 10, 2015, the amount of damage of Plaintiff 54,986,640 won, 640 won, 2090, 120 won, 50,404,120 won, 36,736,860 won, 36,860 won, as the agreed amount, with the net I’s medical expenses and the agreed amount until September 16, 2014, up to September 5, 2014, with the agreement on the medical expenses and the amount of 51,767,730 won until September 5, 2014 by the GJ’s medical expenses and the amount of 54,986,640 won, 640 won, 2,090, 2,000 won, 2,000 won, 36,050,000 won, 205,000 won, 205,005,00 won,00

D. The accident location is a road that is rapidly sloped from which a house is located on the side road without two lanes (road width is to the extent possible, and the Defendant’s vehicle was parked in the zone where prohibition of parking and stopping immediately before entering the intersection.

Plaintiff

The vehicle was driven along the downway at the time, but the speed was not lowered even if there was an overspeed prevention threshold on the rear side of the Defendant’s vehicle, and the wall of the E-art building, which is located on the corner of the intersection, was passed after the intersection.

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