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(영문) 서울중앙지방법원 2016.02.17 2015가단109605
구상금
Text

1. The Defendant’s KRW 51,649,770 as well as the Plaintiff’s annual rate from February 12, 2015 to July 9, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer of B cross-city bus (hereinafter “Plaintiff-vehicle”).

나. 피고는 2014. 2. 9. 12:40경 C 스타렉스 차량(이하 ‘피고 차량’이라 한다)을 운전하고 충주시 양성면 중원터널 밖 편도 2차로 중 1차로를 주행하다가 우측 뒷 바퀴 펑크로 피고 차량이 중심을 잃고 2차로로 튕겨나가면서 때마침 2차로 상을 피고 차량에 앞서 주행중이던 원고 차량 운전석 앞바퀴 부분을 피고 차량 조수석 앞범퍼, 휀더 부분으로 충격하였다.

As a consequence, the plaintiff's vehicle is pushed ahead to the right side side of the side, and the passengers on board the plaintiff's vehicle were injured.

C. After the instant accident, from February 11, 2015 to February 11, 2015, the Plaintiff paid the Plaintiff’s vehicle passengers insurance money with medical expenses and agreed amount as indicated in the separate sheet. Of them, the remainder calculated by deducting the maximum amount of liability insurance returned from the interesting State Fire and Marine Insurance Co., Ltd., which is the liability insurer of the Defendant’s vehicle, is KRW 51,649,

[Ground of recognition] Facts without dispute, entry or video of Gap 1 through 13 (including branch numbers for those with a tentative number) and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. The plaintiff asserts that since the accident of this case occurred due to the negligence of the defendant vehicle, the defendant is liable to compensate the victims for all damages caused by the accident of this case, and that the plaintiff is exempted from liability by paying insurance money as the insurer of the plaintiff vehicle with a reasonable amount of compensation for damages, the defendant is liable to compensate the defendant. Thus, the defendant is liable to compensate the plaintiff for the total amount of 51,649,770 won after deducting the maximum amount of the returned liability insurance from the insurance money

In this regard, the defendant could, at the time of the accident in this case, stop the driver of the plaintiff's vehicle sufficiently on the right side of the side, but he was on the right side of the side.

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