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(영문) 울산지방법원 2015.08.28 2015가단10683
구상금
Text

1. The Defendants jointly share KRW 23,462,016 with respect to the Plaintiff and the period from October 15, 2014 to August 28, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who has entered into a mutual aid agreement with Sam River Transportation Co., Ltd. and C4.5 tons truck vehicles (hereinafter “Plaintiff vehicle”), and the Defendant A is the owner of the DNA bargaining vehicle (hereinafter “Defendant vehicle”), and Defendant B is the driver of the Defendant vehicle.

B. At around August 10, 2014, Defendant B passed the road of 7 lanes in front of the Ulsan Flue Zone 12.8km located in Ulsan-gun, Ulsan-gun, Ulsan-gun, on the top of the steering line of Defendant C’s vehicle, on a four-lane line, which is the vehicle line for the lower 12.8km in front of the Ulsan-gun, Ulsan-gun.

However, Defendant B changed the vehicle rapidly from four to seven lanes to in order to settle the fee with the knowledge of the fact that there is no cargo tag installed on the Defendant’s vehicle, and Defendant B changed the vehicle to six lanes by passing the fee rate at seven lanes, raising a speed, and changing the vehicle to six lanes. The front part of the Plaintiff’s vehicle driven by F, which was driven by F, which was driven by the front end of the two quarters, was shocked to the right side of the said vehicle.

(hereinafter “the instant accident”). At the time of the instant accident, the instant accident was getting off at night, and there was frequent changes in the lanes because the lanes wided with the seventh line from the expressway sub-sections fall under the location where the four lanes rapidly narrow.

C. In the instant accident, E, who is the passenger of the Defendant vehicle, suffered from a multi-maid disorder, died at G Hospital around 21:41 on the same day, and there was H and I, who is his children, as E’s inheritor.

On August 11, 2014, the Plaintiff paid the amount of KRW 1,327,520 for E’s medical treatment expenses to G Hospital, and KRW 178 million for H and I on October 14, 2014, respectively, in accordance with the mutual aid agreement for the Plaintiff’s vehicle.

E. The Plaintiff was paid KRW 120 million to the Defendant vehicle’s liability insurance company, as the liability insurance company.

F. Defendant B and F were indicted for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) at this Court, and on May 20, 2015, Defendant B and F were sentenced to a fine of KRW 15 million, and KRW 8 million.

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