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1. The Defendant’s KRW 46,404,740 among the Plaintiff and KRW 7,967,980 among them, shall be KRW 20,00,000 from May 7, 2014.
Reasons
1. Basic facts
A. The Plaintiff is an insurer of A SP car (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer of BM3 vehicle (hereinafter “Defendant vehicle”).
B. On December 28, 2013, at around 23:20 on December 28, 2013, C driving the Plaintiff’s vehicle, and driving the 171-1 road, Nam-gu, Incheon, Nam-gu, Incheon, between the three-lanes, into the livering-do west-do 171-1 road, one lane, and the west-do west-do west-do. On the left side of the proceeding direction, C violated the pedestrian signal on the right side of the Plaintiff’s vehicle and shocked D (hereinafter “the deceased”).
(hereinafter referred to as “the primary accident”). In latter words, while driving a vehicle of the Defendant and changing the lane from one to two lanes of the said Part in the said three lanes, E reconcing the leg part of the deceased, which was used in the two lanes due to the said preceding accident, into the right side of the Defendant vehicle (hereinafter “the second accident”). The Deceased died by the multi-growth donation prior to January 1, 2014, around 07:21.
C. The Plaintiff paid the deceased’s bereaved family members KRW 19,919,950 on May 6, 2014, and KRW 50 million on November 18, 2014, respectively, as damages for the deceased’s death.
The bereaved family members of the deceased filed a lawsuit against the original Defendant seeking compensation for the death of the deceased. In the above lawsuit, the driver of the original Defendant’s vehicle neglected his/her duty of care and caused the occurrence of the 1 and 2 accidents, and the causal relationship between the above accident and the death of the deceased was recognized. The original Defendant was jointly sentenced to the judgment that the former Defendant is liable to jointly pay the compensation for the remaining deceased and his/her bereaved family members after deducting the insurance money already paid by the Plaintiff and the damages for delay.
(Seoul Central District Court 2014Kadan5202076, Seoul Central District Court 2015Na16896). On January 13, 2016, the Plaintiff’s bereaved family members of the deceased amounting to KRW 46,091,90.