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(영문) 광주지방법원 2016.11.30 2016가단522035
구상금
Text

1. The Defendants jointly share KRW 16,878,585 with respect to the Plaintiff and the period from December 8, 2015 to November 30, 2016.

Reasons

1. Facts of premise;

(a) C is a person employed by a unified transportation limited partnership and driving a taxi for business purposes;

B. On November 16, 2013, Defendant A driven a D vehicle under the influence of alcohol of 0.169% with a blood alcohol concentration of 05:00, and obstructed the central line while driving a two-lane of two-lanes from the New Mine-dong History Park reservoir in Gwangju Mine-dong to the high-tech complex on the side of the Public Health University, Defendant A sustained injury, such as pulverization of executive officers and pulvers, on both sides of Defendant A suffered from both sides of Defendant A.

(hereinafter “instant accident”). C.

Defendant B is the owner of the above-mentioned household vehicle.

Samsung Fire & Marine Insurance Co., Ltd is an insurer who has concluded a liability insurance contract with respect to the above Maritime Vehicle.

E. The Plaintiff paid C temporary layoff benefits amounting to KRW 29,149,520, medical care benefits amounting to KRW 38,901,850, and disability benefits amounting to KRW 7,968,880, respectively.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. According to the fact of recognition as above, under Article 3 of the Guarantee of Automobile Accident Compensation Act, the Defendants are jointly and severally liable to compensate C for damage caused by the instant accident.

3. Scope of occurrence of the plaintiff's right to indemnity

A. The Plaintiff of the right to indemnity may, by paying temporary layoff benefits, medical care benefits, and disability benefits as above, exercise by subrogation the right to claim damages against the Defendant of C, the subject matter of which is identical with each of the above insurance benefits in accordance with Article 87(1) of the Industrial Accident Compensation Insurance Act.

(See Supreme Court Decision 96Da39080 delivered on January 24, 1997, etc.). B.

In addition to the separate statement under the below of the amount of damages for C, it shall be calculated at present in accordance with the calculation method by the heading type, which deducts interim interest at the rate of 5/12 per month as shown in the attached Table of the amount of damages calculation, and the period for the convenience of calculation shall be calculated on a monthly basis, but in principle, it shall be calculated on a monthly basis.

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