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(영문) 서울중앙지방법원 2018.01.19 2016가단5051210
구상금
Text

1. The Defendants jointly share KRW 26,00,000 with respect to the Plaintiff and 5% per annum from July 29, 2015 to June 8, 2016.

Reasons

1. Determination as to the claim against Defendant A and B

(a)as shown in the reasons for the attachment of the claim;

(b) Defendant A: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act) (Article 208 (3) 2 of the Civil Procedure Act): Defendant B: Judgment by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against Defendant C

(a) The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 to 10 and Eul evidence 1 (including additional numbers) by reference to the whole purport of the pleadings:

1) The Plaintiff is an insurance company that is entrusted with the business of guaranteeing motor vehicle accident compensation under Article 30(1) by the Government pursuant to Article 45(1) of the Guarantee of Automobile Accident Compensation Act. (2) Defendant C, at around 22:03 on March 2, 2015, was driving by proxy a DCo-sports vehicle not covered by liability insurance (hereinafter “instant vehicle”), and was driving on behalf of the Plaintiff at the time of driving on the DCo-sports vehicle (hereinafter “instant vehicle”), and was driving along one-lane in the direction of Jyang-si in Seoul, the Plaintiff did not avoid crossinging the crosswalk on the right side of the Defendant’s moving direction from the left side of the vehicle to the right side of the instant vehicle (hereinafter “victim”).

(3) As a result, the victim suffered injury, such as chilling, spathing, spathing, brain-dead, and pelvising damage, etc., which requires medical treatment for about 12 weeks. 4) The Plaintiff calculated the victim’s negligence as compensation for the business of guaranteeing motor vehicle accident compensation, and calculated the victim’s negligence as 60%, and 26,000,000,000 won in total with medical expenses and the agreed amount until July 28, 2015, the Defendant did not actively dispute the ratio of comparative negligence as seen below, as well as the specific amount of the said paid insurance proceeds.

A. The payment was made.

B. According to the above fact of recognition of the liability for damages caused by the occurrence of the judgment 1, Defendant C, at the time of passing the crosswalk, shall be safe in the course by checking well the front left.

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